People v. Rodriguez

Full title: The People of the State of New York, Respondent, v. Gerson Rodriguez…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Apr 8, 2019

2019 N.Y. Slip Op. 68373 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-00422 QC

04-08-2019

The People of the State of New York, Respondent, v. Gerson Rodriguez, Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from an order of the Criminal Court of the City of New York, Queens County, entered January 18, 2019, for leave to prosecute the appeal as a poor person, and for an enlargement of time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the branch of the motion seeking 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 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 the branch of the motion seeking an enlargement of time to perfect the appeal is denied as unnecessary, as the time to perfect the appeal has not begun to run (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] § 731.8 [a]); 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's attorney with a copy of the presentence report prepared in connection with or considered by the trial court in connection with appellant's risk level determination, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report; 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 the argument or submission of the appeal.

ENTER:

Paul Kenny

Chief Clerk