Opinion
Motion No. 2023-00455 WCR
05-25-2023
The People of the State of New York, Respondent, v. Arthur Smith, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J. ELIZABETH H. EMERSON TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered April 26, 2023, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and Richard L. Herzfeld, Esq. is assigned as counsel; 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, in the event the file has been sealed, it is hereby unsealed for the limited purpose of preparing the appeal, such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence 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.