From Casetext: Smarter Legal Research

People v. Conde

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Feb 3, 2012
2012 N.Y. Slip Op. 63918 (N.Y. App. Term 2012)

Opinion

2010-2300 N CR

02-03-2012

The People of the State of New York, Respondent, v. Daniel Conde, Appellant.


, P.J.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered July 30, 2010, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the branch of the motion by appellant seeking leave to prosecute the appeal as a poor person and for the assignment of counsel is granted and the Legal Aid Society of Nassau County 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 expeditiously; and it is further,

ORDERED that appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this decision and order; and it is further,

ORDERED that the court stenographer or a certified transcriber, 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, NASSAU COUNTY LEGAL AID SOCIETY, ONE HELEN KELLER WAY, MINEOLA, NEW YORK 11550; 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; and it is further,

ORDERED, on the court's own motion, that leave is granted to the People, if they be so advised, to move in the court below for redaction of parts of the pre-sentence report (see Matter of Gutkaiss v People, 49 AD3d 979 [2008]).

ENTER:

Paul Kenny

Chief Clerk


Summaries of

People v. Conde

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Feb 3, 2012
2012 N.Y. Slip Op. 63918 (N.Y. App. Term 2012)
Case details for

People v. Conde

Case Details

Full title:The People of the State of New York, Respondent, v. Daniel Conde…

Court:Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Feb 3, 2012

Citations

2012 N.Y. Slip Op. 63918 (N.Y. App. Term 2012)