People v Innocente (William)

[*1] People v Innocente (William) 2008 NY Slip Op 51438(U) [20 Misc 3d 131(A)] Decided on July 2, 2008 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 2, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ
2007-997 S CR.

The People of the State of New York, Respondent,

against

William Innocente, Appellant. DECISION

That branch of the motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected expeditiously.

That branch of the motion for poor person relief is granted and the Legal Aid Society is assigned.

Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.

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

Assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, 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

Upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence [*2]report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report.
Decision Date: July 2, 2008