Opinion
Motion No. 2024-00212 DCR
05-13-2024
The People of the State of New York, Respondent, v. Kevin W. Gieseler, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., TIMOTHY S. DRISCOLL, JAMES P. McCORMACK, JJ.
DECISION & ORDER ON MOTION
Application by appellant pursuant to Criminal Procedure Law § 380.55 (2) on an appeal from a judgment of conviction of the City Court of Poughkeepsie, Dutchess County, rendered January 23, 2024, for poor person relief and the assignment of counsel.
Upon the affirmed representation of Jennifer Burton, Esq. that the appellant continues to be eligible for assignment of counsel, it is
ORDERED that, pursuant to County Law § 722, the Dutchess County Public Defender is assigned as counsel to prosecute the appeal; 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, 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 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 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; and it is further, ORDERED that, in the event the file has been sealed, it is hereby unsealed for the limited purpose of preparing the appeal, such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.