| People of State of New York v Marlon Rivas-aguilar |
| Motion No: 2022-00157 NCR |
| Slip Opinion No: 2022 NY Slip Op 70246(U) |
| Decided on July 18, 2022 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Marlon Rivas-Aguilar, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered February 2, 2022, for the assignment of counsel. By order dated February 2, 2022, the District Court of Nassau County, First District, granted an application pursuant to CPL 380.55 (1) for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order dated February 2, 2022, it is
ORDERED that, pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the appeal:
ANDREW E. MACASKILL, ESQ.
355 POST AVENUE, SUITE 201
WESTBURY, NEW YORK 11590
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 stenographer of the trial court is directed to 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 motion 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:
Paul Kenny
Chief Clerk