People of State of New York v Alexis P. Ryan
Motion No: 2021-00590 WCR
Slip Opinion No: 2022 NY Slip Op 76457(U)
Decided on December 20, 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.


Appellate Term of the Supreme Court

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

2021-590 W CR
The People of the State of New York, Respondent, v Alexis P. Ryan, Appellant.

Motion by appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Somers, Westchester County, rendered August 30, 2021, for an enlargement of time to perfect the appeal and for leave to reargue so much of an order on motion determined by this court dated June 6, 2022, which denied the branch of the motion for the assignment of counsel.

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

ORDERED that the branch of the motion to reargue is granted and upon reargument, pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the appeal:

THOMAS R. VILLECCO, ESQ.

and it is further,

ORDERED, that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected expeditiously; 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 upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence 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.

Driscoll, J., taking no part.

ENTER:

Paul Kenny

Chief Clerk