PEOPLE v. GARCIA

Motion No. 2016-03033 WCR.

2017 NY Slip Op 63742(U)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR GARCIA, Appellant.

Supreme Court, Appellate Term, Second Department.


Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered September 26, 2016, as a poor person, and for the assignment of counsel.

DECISION & ORDER ON MOTION

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 JOHN R. LEWIS, ESQ. 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 appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this decision and order on motion; and it is further,

ORDERED that the court stenographer or a certified transcriber, 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.


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