Opinion
2013-648 S CR Lower Court # 2013SU002753
04-05-2013
The People of the State of New York, Respondent, v. Douglas W. Munker, Appellant.
, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute appeals from judgments of conviction of the District Court of Suffolk County, First District, rendered February 1, 2013, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the Legal Aid Society is assigned as counsel; and it is further,
ORDERED, on the court's own motion, that the appeals shall be perfected expeditiously; and it is further,
ORDERED, on the court's own motion, that appellant, if he be so advised, may perfect the appeals with a single brief bearing both of the above-listed appeal numbers and that there shall be oral argument, if requested, on both of the appeals at the same time (see Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.5 [b] [2]); and it is further,
ORDERED that appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this decision and order; 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 appeals, SUFFOLK COUNTY LEGAL AID SOCIETY, CRIMINAL COURT BUILDING, P.O. BOX 1697, 300 CENTER DRIVE, RIVERHEAD, NEW YORK 11901; 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 appeals. 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,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence 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.
ENTER:
Paul Kenny
Chief Clerk