Opinion
Motion No: 2019-01379 DCR
12-11-2019
The People of the State of New York, Respondent, v. Nema S. Simpson, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appellate Term Docket No. 2019-1379 D CR
Lower Court # 18050335
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered August 13, 2019, as a poor person, and for the assignment of counsel. Appellant also seeks to consolidate the above-captioned appeals and for an enlargement of time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and the Dutchess County Public Defender is assigned as counsel; and it is further,
ORDERED that the branches of the motion seeking to consolidate the above captioned appeals is granted to the extent that appellant may perfect the appeals with a single brief bearing both appeal numbers and that there shall be oral argument, if requested, on both of the appeals at the same time; and it is further
ORDERED that the branches of the motion seeking an enlargement of time to perfect the appeals is denied as unnecessary; 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, 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 defendant's sentencing, including the recommendation sheet and any prior reports on defendant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk