APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- EMMA TOLLINCHI, Appellant. |
DECISION
Motion by defendant-appellant for summary reversal is denied.
On the court's own motion dismissal of the appeal is vacated on condition the appeal is perfected by December 2, 2005; otherwise motion denied.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- NICHOLAS MARTUCCI, Appellant. |
DECISION
Motion by the People returnable August 11, 2005 and motion by defendant-appellant returnable August 16, 2005 are hereby consolidated for purposes of disposition.
Motion by the People as the respondent to dismiss the appeal is denied as moot.
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by December 2, 2005; otherwise motion denied.
The appeal was dismissed on July 4, 2004.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- NICHOLAS MARTUCCI, Appellant. |
DECISION
Motion by the People returnable August 11, 2005 and motion by defendant-appellant returnable August 16, 2005 are hereby consolidated for purposes of disposition.
Motion by the People as the respondent to dismiss the appeal is denied as moot.
Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by December 2, 2005; otherwise motion denied.
The appeal was dismissed on July 4, 2004.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- DANIEL CLARE, Appellant. |
DECISION
That branch of the motion by defendant-appellant for leave to appeal is denied.
That branch of the motion for poor person relief and assignment of counsel is denied as academic.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- WILLIAM SCHUESSLER, Appellant. |
DECISION
Motion by defendant-appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by December 2, 2005; otherwise appeal dismissed.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- TYRONE McFADDEN, Appellant. |
DECISION
Motion by the defendant-appellant for poor person relief is granted and Legal Aid Society is assigned.
Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.
The stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings 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
Assigned counsel shall serve a copy of the transcript upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court, and
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 prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.