2012-1478 RI CR. PEOPLE v. YAKUBOV, ELDER — Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered May 7, 2012, 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 motion 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]).