Opinion
2012-02559 Ind. No. 26/08 M152517
03-19-2013
The People, etc., respondent, v. Charles J. Baldwin, appellant.
, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se on an appeal from a judgment of the County Court, Putnam County, rendered September 27, 2011, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Separate motion by the appellant pro se to enlarge the judgment roll.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for poor person relief is denied as unnecessary in light of the decision and order on motion of this Court dated October 9, 2012, which granted poor person relief to the appellant; and it is further
ORDERED that the branch of the motion which is for the assignment of counsel is granted, and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Yasmin Daley-Duncan, Esq.
386 Parkside Avenue
Brooklyn, N.Y. 11226
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 prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further
ORDERED that the motion to enlarge the judgment roll is denied.
SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court