• Appellate Term, Second Judicial Department
  • 2012-1814
  • Jul 12 2012 (Date Decided)
  • : Weston, J.P., Rios and Solomon, JJ.

2012-1814 K CR. PEOPLE v. SIMMONS, NAQUAN — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered July 12, 2012, 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 branch of the motion seeking the assignment of counsel is denied, as appellant was convicted of a violation and is not subject to incarceration (see People v. Garcia, 93 NY2d 42, 46 [1999]; People v. Letterio, 16 NY2d 307 [1965]; People v. Russo, 149 AD2d 255, 258 [1989]; see also People v. Farinaro, 36 NY2d 283 [1975]); and it is further,

ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,

ORDERED, on the court's own motion, that an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by December 7, 2012; 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 appellant; and it is further,

ORDERED that appellant shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal. The clerk is further directed 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 upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide appellant 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.