Opinion
Motion No. 2022-00016 WCR
07-18-2022
The People of the State of New York, Plaintiff v. Andres Castillo, Defendant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J. ELIZABETH H. EMERSON TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered, 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 filed in opposition thereto, it is
ORDERED that the branch of the motion seeking an extension of time to take an appeal is granted and the papers submitted in support of the motion are deemed to constitute a timely notice of appeal; and it is further, ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and Richard L. Herzfeld, Esq. is assigned as counsel; and it is further, ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; and it is further, ORDERED that the stenographer of the trial court is directed to 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 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 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; and it is further, ORDERED that, in the event the file has been sealed, it is hereby unsealed for the limited 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 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, if any, prepared in connection with defendant's sentencing, including the recommendation sheet and any prior reports on defendant which are incorporated or referred to in the report.