Appellate Term,Second Department

Second, Eleventh and Thirteenth Judicial Districts Decision & Orders on Motions decided between: June 24, 2022

By: Emerson, J.P., Garguilo, Driscoll, JJ. 2022-231 K CR.PEOPLE v. KING, JASON — Motion by appellant for leave to prosecute an appeal from an amended judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered January 27, 2022, as a poor person, for the assignment of counsel, and to consolidate with an appeal under Appellate Term docket number 2021-718 K CR. Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and for the assignment of counsel is granted and Appellate Advocates is assigned as counsel; 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; and it is further, ORDERED that the branch of the motion seeking to consolidate the appeal from the amended judgment of conviction rendered January 27, 2022 with the appeal under Appellate Term docket number 2021-718 K CR is granted to the extent that defendant may perfect the appeals with a single brief bearing both docket numbers and there shall be oral argument, if requested, on both of the appeals at the same time; and it is further, ORDERED, on the court’s own motion, that the appeals shall be perfected expeditiously. June 24, 2022