Opinion
2021-76270 Motion 2021-00334 DCR
12-14-2021
The People of the State of New York, Plaintiff, v. Christopher Fusco, Defendant.
Unpublished Opinion
MOTION DECISION
TERRY JANE RUDERMAN, P.J., JERRY GARGUILO, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Motion by defendant to file late notice of appeal and for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of East Fishkill, Dutchess County, rendered January 12, 2021, 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 response thereto, it is
ORDERED that the branch of the motion seeking leave to file a late notice of appeal is granted, and defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further
ORDERED that the branch of defendant's motion seeking to prosecute the appeal as a poor person and for assignment of counsel is granted and the Dutchess County Public Defender 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 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, 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.