People v. Lopez

Full title: The People of the State of New York, Respondent, v. Ommar Benitez Lopez…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jun 25, 2019

2019 N.Y. Slip Op. 74605 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-00868 QC

06-25-2019

The People of the State of New York, Respondent, v. Ommar Benitez Lopez, Appellant.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for leave to prosecute an appeal from an order of the Criminal Court of the City of New York, Queens County, entered March 29, 2019, as a poor person, and for an enlargement of time to perfect 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 leave to prosecute the appeal as a poor person is denied as unnecessary, as appellant was granted leave to proceed as a poor person in the Criminal Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; 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 appellant's attorney and 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 appellant's attorney shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; 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 appellant's attorney with a copy of the presentence report prepared in connection with or considered by the trial court in connection with appellant's risk level determination, 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 an enlargement of time to perfect the appeal is denied as unnecessary, as the time to perfect the appeal has not begun to run (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] § 731.8 [a]).

ENTER:

Paul Kenny

Chief Clerk