Opinion
Motion No: 2013-01263 WCR
03-28-2014
The People of the State of New York, Respondent, v. Roger Adams, Appellant.
ANTHONY MARANO
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated September 16, 2013, which dismissed an appeal from a judgment of conviction of the City Court of New Rochelle, Westchester County, rendered April 10, 2013, for, in effect, an enlargement of time to perfect the appeal, for leave to prosecute the appeal 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, this court's order dated September 16, 2013 is vacated, and counsel is assigned pursuant to article 18-B of the County Law; and it is further,
ORDERED 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; JOHN PAUL SAVOCA, ESQ., P.O. BOX 531, YORKTOWN HEIGHTS, NEW YORK 10598 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