Opinion
Motion No: 2016-03036 WCR
07-19-2017
The People of the State of New York, Respondent, v. Derek Sloane, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by Lawrence R. Sykes, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered March 9, 2016, to vacate the dismissal. Separate motion by appellant, in effect, to vacate the dismissal and for assignment of counsel.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto it is
ORDERED that, on the court's own motion, the motion by Lawrence R. Sykes and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of the motion by Lawrence R. Sykes seeking to vacate the dismissal is granted and the court's order dismissing the appeal is vacated; and it is further,
ORDERED that appellant's motion is granted and counsel is assigned pursuant to article 18-B of the County Law; 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 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