Opinion
Motion No 2023-01052 SCR
01-29-2024
The People of State of New York, Respondent, v. Bryan Gershen, 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Unpublished Opinion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 District Court of Suffolk County, Traffic and Parking Violations Agency, rendered June 20, 2023, 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, on the court's own motion, that an extension of time to perfect the appeal is granted and the appeal shall be perfected by March 15, 2024; 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]).