Opinion
Motion No: 2017-02382 WCR
06-15-2018
The People of the State of New York, Respondent, v. Ashley Quintero, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Village of Briarcliff Manor, Westchester County, rendered October 18, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated February 14, 2018, appellant was directed either to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, or, if so advised, to make a motion in this court pursuant to CPL 460.30 for an extension of time to file an affidavit of errors, and appellant's motion was held in abeyance in the interim. By decision and order on motion dated April 19, 2018, appellant's time to file an affidavit of errors was extended to 30 days from the date of the decision and order on motion. Appellant filed an affidavit of errors.
Upon the papers filed in support of appellant's motion and no papers having been filed in opposition thereto, it is
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 NY2d 42, 46 [1999]; People v Letterio, 16 NY2d 307 [1965]; People v Russo, 149 AD2d 255, 258 [1989]; see also People v Farinaro, 36 NY2d 283 [1975]); and it is further,
ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,
ORDERED, on the court's own motion, that an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by September 7, 2018; 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 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 District Attorney, same to be returned upon argument or submission of the appeal; 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 appellant 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.
ENTER:
Paul Kenny
Chief Clerk