People v. Torres

Full title: The People of the State of New York, Respondent, v. Jose Torres, Appellant.

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

Date published: Nov 29, 2017

2017 N.Y. Slip Op. 94918 (N.Y. App. Term 2017)

Opinion

Motion No: 2017-02232 KCR

11-29-2017

The People of the State of New York, Respondent, v. Jose Torres, Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered October 17, 2017, for the assignment of counsel. By order dated October 17, 2017, the Criminal Court of the City of New York, Kings 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 October 17, 2017, it is

ORDERED that, pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the appeal:

Seymour W. James, Jr., Esq.,

New York City Legal Aid Society

199 Water Street, 5th Floor

New York, NY 10038

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