People v. James, 2022-65891

• Court: New York Supreme Court Appellate Division
• Parties: The People, etc., respondent, v. Fermin James, appellant. Ind. No. 1151/2019
• Docket Number: 2022-65891,Motion 2022-00678
• Decision Date: 16 May 2022

The People, etc., respondent,
v.
Fermin James, appellant.

Ind. No. 1151/2019

No. 2022-65891

Motion No. 2022-00678

Supreme Court of New York, Second Department

May 16, 2022

Unpublished Opinion

MOTION DECISION

MARK C. DILLON, J.P. SHERI S. ROMAN JOSEPH J. MALTESE DEBORAH A. DOWLING, JJ.

DECISION & ORDER ON MOTION MOTION FOR POOR PERSON RELIEF AND TO ASSIGN COUNSEL

Appeal from a judgment of the County Court, Westchester County, rendered November 19, 2021, following a trial. Motion by the appellant 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 opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent...