Opinion
Motion No. 2024-00516 NCR
07-24-2024
The People of the State of New York, Respondent, v. Jon Davidson, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., JAMES P. McCORMACK, GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Village of Flower Hill, Nassau County, rendered April 4, 2024, 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 branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further, ORDERED that the court stenographer 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 appellant 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 appellant shall serve a copy of the transcript, if any, upon the People, same to be returned upon argument or submission of the appeal; and it is further, ORDERED that the branch of the motion seeking the assignment of counsel is denied, as appellant was convicted of a traffic infraction and is not subject to incarceration (see People v Garcia, 93 N.Y.2d 42, 46 [1999]; People v Letterio, 16 N.Y.2d 307 [1965]; People v Russo, 149 A.D.2d 255, 258 [1989]; see also People v Farinaro, 36 N.Y.2d 283 [1975]).