| People of State of New York v Robert Moore |
| Motion No: 2025-01059 RIC |
| Slip Opinion No: 2025 NY Slip Op 72272(U) |
| Decided on July 3, 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 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J.
CHEREÉ A. BUGGS
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Robert Moore, Appellant. |
Application by Zachory Nowosadzki, Esq. on behalf of the appellant to waive costs, fees and expenses and for the assignment of counsel on an appeal from an order of the Criminal Court of the City of New York, Richmond County, dated May 1, 2025.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is denied as unnecessary, as appellant was granted a waiver of costs, fees and expenses and assigned counsel in the Criminal Court and, pursuant to Correction Law 168-n(3), such status continues on appeal; and it is further,
ORDERED on the court's own motion, that the stenographer of the trial court is directed to promptly make, certify and file two transcripts of the proceeding of any hearing held in connection with the order appealed from; and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each proceeding to appellant's counsel, without charge (see, CPLR 1102[b]); and it is further,
ORDERED on the court's own motion, that the appeal shall be heard on the original file and the requirement under the Rules of Practice of the Appellate Terms (22 NYCRR ) § 731.9(3), of a printed record on appeal and briefs is hereby waived; and it is further,
ORDERED that upon service of a copy of this decision & order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with or considered by the trial court in connection with appellant's risk level determination; and it is further,
ORDERED on the court's own motion that the appeal shall be perfected within 6 months of the date of this order; and it is further,
ORDERED that in the event the appeal is not perfected within 6 months, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may, if appellant is unrepresented, serve such motion upon appellant in person; and it is further,
ORDERED that assigned counsel is directed to serve a copy of the decision & order on motion upon the clerk of the court from which the appeal is taken.
ENTER:
Paul Kenny
Chief Clerk