Opinion
Motion No: 2017-01885 ORCR
11-27-2017
The People of the State of New York, Respondent, v. Kevin Rodriguez, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the City Court of Middletown, Orange County, rendered September 14, 2017, for the assignment of counsel. By order dated September 29, 2017, the City Court of Middletown, Orange County, granted an application pursuant to CPL 380.55 for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order dated September 29, 2017, it is
ORDERED that, pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the appeal:
Richard L. Herzfeld, Esq
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 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.
ENTER:
Paul Kenny
Chief Clerk