Opinion
Motion Nos. 2022-05843 2022-05844 Ind. No. 61/2021
02-10-2023
The People, etc., respondent, v. Reges L. Bellamy, appellant.
Unpublished Opinion
MOTION DECISION
M287319
BETSY BARROS, J.P., JOSEPH J. MALTESE, JOSEPH A. ZAYAS, DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Motion for Poor Person Relief and to Assign Counsel
Appeals by Reges L. Bellamy from an order of the County Court, Dutchess County, dated October 26, 2021, and a judgment of the same court rendered March 20, 2022, upon a plea of guilty. Motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel. Application by Kelley M. Enderley on behalf of the defendant for leave to prosecute the appeals as a poor person and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2). By order to show cause dated December 21, 2022, the appellant was directed to show cause before this Court why the appeals should not be dismissed on the ground that the order dated October 26, 2021, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15), and on the ground that the notice of appeal from the judgment rendered March 20, 2022, was untimely filed (see CPL 460.30). Application by the defendant, in effect, pursuant to CPL 460.30 to deem the notice of appeal from the judgment to be timely served and filed.
Now, upon the papers filed in support of the motion by the appellant and the papers filed in relation thereto, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order is granted and the appeal from the order is dismissed (see CPL 450.10, 450.15); and it is further, ORDERED that the branch of the motion which is to dismiss the appeal from the judgment is denied; and it is further, ORDERED that the application by the defendant, in effect, pursuant to CPL 460.30 to deem the notice of appeal from the judgment to be timely served and filed is granted and that notice of appeal is deemed timely served and filed; and it is further, ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted as to the appeal from the judgment and is otherwise denied as academic; and it is further, ORDERED that the branch of the motion by the appellant pro se which is for leave to prosecute the appeal from the order as a poor person and for the assignment of counsel on the appeal from the order is denied as academic; and it is further, ORDERED that the branch of the motion by the appellant pro se which is for leave to prosecute the appeal from the judgment as a poor person and for the assignment of counsel on the appeal from the judgment is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further, ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the judgment:
Salvatore C. Adamo
1345 Avenue of the Americas, 2nd Fl.
New York, NY 10105
and it is further, ORDERED that the appeal from the judgment will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) 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.
BARROS, J.P., MALTESE, ZAYAS and DOWLING, JJ., concur.