Appellate Term, Second Department: October 30, 2019

Second, Eleventh and Thirteenth JudicIal Districts Cases Released on  October 30, 2019

By: Pesce, P.J., Aliotta, Elliot, JJ. 2018-1754 K CR. PEOPLE v. NOTICE, ANTHONY — Motion by appellant to vacate an order of this court dated November 19, 2018, which dismissed an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered August 2, 2018, for leave to prosecute the appeal 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 response thereto, it is ORDERED that the branch of the motion seeking to vacate the order of this court dated November 19, 2018 is granted and the order dated November 19, 2018 is vacated; and it is further, 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 Appellate Advocates 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 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. October 22, 2019