Opinion
Motion No. 2022-00310 KC
05-27-2022
The People of State of New York, Respondent, v. Benjamin Mcmillan, Appellant.
Unpublished Opinion
MOTION DECISION
MICHELLE WESTON, J.P. WAVNY TOUSSAINT CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
Application by appellant on an appeal from an order of the Criminal Court of the City of New York, Kings County, on a SORA determination, entered April 11, 2022, for poor person relief.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application for leave to prosecute the appeal as a poor person is denied as unnecessary, as appellant was granted leave to proceed as a poor person in the Criminal Court and, pursuant to Correction Law 168-n(3), his status as a poor person continues on appeal; and it is further, ORDERED on the court's own motion, that the stenographer of the trial court is directed to promptly make, certify and file two transcripts of the proceeding of any hearing held in connection with the order appealed from; and it is further, ORDERED that the clerk of the trial court shall furnish one certified transcript of each proceeding to appellant's counsel, without charge (see, CPLR 1102[b]); and it is further, ORDERED on the court's own motion, that the appeal shall be heard on the original file and the requirement under the Rules of Practice of the Appellate Terms (22 NYCRR) § 731.9(3), of a printed record on appeal and briefs is hereby waived; and it is further, ORDERED that upon service of a copy of this decision & order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with or considered by the trial court in connection with appellant's risk level determination; and it is further, ORDERED on the court's own motion that the appeal shall be perfected within 6 months of the date of this order; and it is further, ORDERED that assigned counsel is directed to serve a copy of the decision & order on motion upon the clerk of the court from which the appeal is taken.