Opinion
Motion No 2023-00070 RICR
03-22-2023
People of State of New York, Plaintiff, v. Candice Anderson, Defendant
Unpublished Opinion
WAVNY TOUSSAINT, .P. J., CHEREÉ A. BUGGS, MARINA CORA MUNDY, JJ.
DECISION & ORDER
Motion by appellant, pursuant to CPL 460.30, to file a late notice of appeal, and for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the application is granted and the papers submitted in support of the motion are deemed to constitute a timely notice of appeal; and it is further, ORDERED that the motion is granted and the Legal Aid Society is assigned as counsel; and it is further, ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; 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, in the event the file has been sealed, it is hereby unsealed for the limited
purpose of preparing the appeal, such access shall include permission to copy the papers
insofar as they pertain to the appellant; 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.