Opinion
Motion No: 2020-00602 SCR
08-04-2020
The People of the State of New York, Respondent, v. Douglas A. Espinal, Appellant.
THOMAS A. ADAMS
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered January 24, 2020 to compel the court to settle the minutes and file a return to the affidavit of errors; to extend the time to perfect the appeal and to continue a stay granted by Supreme Court, Suffolk County. .
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion to compel settlement of the minutes is granted, and the minutes shall be settled by the trial court within 14 days of the date of this Decision & Order on Motion; and it is further,
ORDERED that the motion to compel the filing of a return is denied without prejudice; and it is further
ORDERED that the motion for an extension of time to perfect the appeal and to continue the stay is granted on condition that appellant file an affidavit of errors that complies with CPL § 410.60 (3) within 21 days of the date of this Decision & Order on Motion, and on further condition that the appeal be perfected on or before October 7, 2020; and it is further
ORDERED that in the event that either condition is not met, the Court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice and may serve such application in person.
Appellant's affidavit of errors is insufficient and does not enable the trial court to adequately comply with CPL § 410.60 (3) (d), that is, to "set forth or summarize evidence, facts or occurrences in or adduced at the proceedings resulting in the judgment, sentence or order, which constitute the factual foundation for the contentions alleged in the affidavit of errors.
ENTER:
Paul Kenny
Chief Clerk