Opinion
Motion No: 2015-01198 NCR
07-14-2015
The People of the State of New York, Respondent, v. Umbertino Delacruz, Appellant.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered March 4, 2015, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
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 the Legal Aid Society of Nassau County is assigned as counsel; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and 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 on motion; 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; 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 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 appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report; and it is further,
ORDERED, on the court's own motion, that leave is granted to the People, if they be so advised, to move in the court below for redaction of parts of the pre-sentence report (see Matter of Gutkaiss v People, 49 AD3d 979 [2008]).
ENTER:
Paul Kenny
Chief Clerk