| People of State of New York v Edgardo Reyes |
| Motion No: 2024-01005 SCR |
| Slip Opinion No: 2025 NY Slip Op 69751(U) |
| Decided on May 19, 2025 |
| 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
TIMOTHY S. DRISCOLL, J.P.
ELENA GOLDBERG-VELAZQUEZ
JOSEPH R. CONWAY, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Edgardo Reyes, Respondent. |
The People having appealed from an order of the District Court of Suffolk County, First District, dated March 27, 2024, and the appeal having been perfected on February 6, 2025, and the defendant having failed to timely file a brief in response thereto, now, in compliance with the requirements of People v Garcia (93 NY2d 42 [1999]):
THE DEFENDANT IS HEREBY ADVISED
A. that defendant has the right to the assistance of counsel on the People's appeal;
B. that if defendant is financially unable to retain counsel, defendant may make an application to this court for the assignment of counsel, and, upon proof of such financial inability, one may be appointed for defendant;
C. that defendant has the right to forgo the assistance of counsel and to respond to the People's appeal pro se; and,
D. that unless within 60 days from the date of this order the defendant responds to the appeal pro se or by retained counsel, or moves for the appointment of counsel to represent defendant, or seeks an extension of time to respond to the appeal, defendant may be deemed to have waived defendant's right to counsel on the appeal and it shall be considered and determined only on the People's brief and the original record; and,
ON THE COURT'S OWN MOTION, it is:
ORDERED that People are directed to serve a copy of this decision and order, together with a copy of their brief, upon the defendant, by personal delivery of the same to defendant; and it is further,
ORDERED that People shall file proof of such service with the Clerk of this court within 20 days of the date hereof; and it is further,
ORDERED that the defendant's time to respond to the appeal pro se or by retained counsel, or to move for the assignment of counsel, is extended until 60 days after the date of service upon defendant of a copy of this decision and order together with a copy of the appellant's brief, and in the event that defendant does not within that time so respond to the appeal, or move for the assignment of counsel, or seek an enlargement of time to respond to the appeal, the defendant may be deemed to have waived defendant's right to counsel, and the appeal shall be considered and determined only on the People's brief and original record; and it is further,
ORDERED that if personal service of a copy of this decision and order cannot be made with due diligence, People may make an ex parte application to this court for an order authorizing alternative methods of service. Such an application shall be supported by affidavit or affidavits detailing the steps taken to find and serve the defendant personally.
ENTER:
Paul Kenny
Chief Clerk