| People of State of New York v Thomas J. Zemko |
| Motion No: 2022-00706 DCR |
| Slip Opinion No: 2022 NY Slip Op 76468(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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, J.P.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Thomas J. Zemko, Defendant. |
Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Justice Court of the Town of Dover, Dutchess County, rendered July 11, 2022, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the branch of the motion seeking an extension of time to take an appeal is granted and the papers submitted in support of the motion are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,
ORDERED that the court stenographer 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 appellant 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 appellant 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, on the court's own motion, that an extension of time to perfect the appeal is granted and the appeal should be perfected by May 15, 2023; and it is further,
ORDERED that the branch of the motion seeking the assignment of counsel is denied, as appellant was convicted of a violation and is not subject to further incarceration (see People v Garcia, 93 NY2d 42, 46 [1999]; People v Letterio, 16 NY2d 307 [1965]; People v Russo, 149 AD2d 255, 258 [1989]; see also People v Farinaro, 36 NY2d 283 [1975]).
Driscoll, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk