Appellate Term of the Supreme Court of the State of New York, 9th And 10th Judicial Districts

April 21, 2026

2025-1772 S CR

Gretchen Walsh, J.P.

Joseph R. Conway

Maria S. Vazquez-Doles, JJ.

[*1]

Application by David A. Arpino, Esq. on behalf of the appellant to waive costs, fees and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55 (2) on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered September 22, 2025.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted; and it is further,

ORDERED that, pursuant to County Law § 722, the Suffolk County Legal Aid Society is assigned as counsel to prosecute the appeal; and it is further,

ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; and it is further,

ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,

ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,

ORDERED that, in the event the file has been sealed, it is hereby unsealed for the limited

purpose of preparing the appeal, such access shall include permission to copy the papers

insofar as they pertain to the appellant; and it is further,

ORDERED that upon service of a copy of this decision and order on application upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.

ENTER:

Jennifer Chan

Chief Clerk