People v. Kashif

Full title: The People of the State of New York, Respondent, v. Atif Kashif, Appellant.

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

Date published: Dec 18, 2019

2019 N.Y. Slip Op. 87170 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-01029 DCR

12-18-2019

The People of the State of New York, Respondent, v. Atif Kashif, Appellant.

THOMAS A. ADAMS, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered June 11, 2019, as a poor person, for the assignment of counsel, to reinstate and continue the stay of execution of the judgment of conviction, which was granted by the Supreme Court, Dutchess County, on June 20, 2019, pending the determination of the appeal to this court, and to enlarge the time to perfect the appeal.

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

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 STEVEN A. FELDMAN, ESQ. is assigned as counsel pursuant to article 18-B of the County Law; 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 April 3, 2020; and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, 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 that the branch of the motion seeking to reinstate and continue the stay is granted and the stay of execution of the judgment is reinstated and extended pending the determination of the appeal on condition that the appeal be perfected by April 3, 2020; and it is further,

ORDERED that in the event that the appeal is not perfected by April 3, 2020 the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk