Opinion
2011-1019 K CR
09-14-2011
The People of the State of New York, Respondent, v. Rodney Burton, Appellant.
, P.J.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated July 14, 2011, which dismissed an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 11, 2011, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to continue a stay of execution of said judgment of conviction, which was granted by the Supreme Court, Kings County, on March 24, 2011, pending the determination of the appeal.
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 to vacate the order of this court dated July 14, 2011 is granted and the order dated July 14, 2011 is vacated; and it is further,
ORDERED that the branch of the motion seeking to continue the stay of execution of the judgment, which was granted by the Supreme Court, Kings County, on March 24, 2011, pending the determination of the appeal is granted on condition that the appeal be perfected by December 2, 2011; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; 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, that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by December 2, 2011; and it is further,
ORDERED that the court stenographer, if any, 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 attorney who is now assigned as counsel to prosecute the appeal, STEVEN BANKS, ESQ., NEW YORK CITY LEGAL AID SOCIETY, 199 WATER STREET, 5TH FLOOR, NEW YORK, NEW YORK 10038; 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. The clerk is further directed 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 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 appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk