Opinion
Motion No: 2016-02854 WCR
01-25-2017
The People of the State of New York, Respondent, v. Robert Paul, Appellant.
JERRY GARGUILO
JAMES V. BRANDS, JJ.
ORDER TO SHOW CAUSE
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Village of Irvington, Westchester County, rendered October 17, 2016, 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, on the court's own motion, that appellant is directed either (1) to show cause before this court why the above-entitled appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, and no application pursuant to CPL 460.30 for an extension of time to file an affidavit of errors has been made, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before February 3, 2017, or (2) if so advised, to make a motion in this court pursuant to CPL 460.30 for an extension of time to file an affidavit of errors; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties by regular mail; and it is further,
ORDERED that appellant's motion is held in abeyance in the interim.
In People v Smith (27 NY3d 643 [2016]), the Court of Appeals held that, for the purpose of taking an appeal, a record made from a mechanical recording is not the equivalent of a record made by a court stenographer and that an affidavit of errors is required for such an appeal to be properly taken.
ENTER:
Paul Kenny
Chief Clerk