| People of State of New York v Luis Ramirez Rozo |
| Motion No: 2022-00758 QCR |
| Slip Opinion No: 2022 NY Slip Op 76480(U) |
| Decided on December 29, 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 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
WAVNY TOUSSAINT
CHEREÉ A. BUGGS, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Luis Ramirez Rozo, 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 Criminal Court of the City of New York, Queens County, rendered August 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 no papers having been filed in opposition 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 branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and the Legal Aid Society is assigned as counsel; 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 defendant's sentencing, including the recommendation sheet and any prior reports on defendant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk