People v. McCutchen

Full title: The People of the State of New York, Respondent, v. Michael McCutchen…

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

Date published: Dec 2, 2011

2011 N.Y. Slip Op. 92137 (N.Y. App. Term 2011)

Opinion

2011-2492 W CR

12-02-2011

The People of the State of New York, Respondent, v. Michael McCutchen, Appellant.

FRANCIS A. NICOLAI

, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered August 29, 2011, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and counsel is assigned pursuant to article 18-B of the County Law; and it is further,

ORDERED, on the court's own motion, that 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, SANJAY BLATT, ESQ., 188 EAST POST ROAD, SUITE 300, WHITE PLAINS, NEW YORK 10601; 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, 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.

ENTER:

Paul Kenny

Chief Clerk