Opinion
Motion No 2022-00706 DCR
07-11-2022
The People of the State of New York, Plaintiff, v. Thomas J. Zemko, Defendant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, J.P. ELIZABETH H. EMERSON TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Justice Court of the Town of Dover, Dutchess County, rendered, 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 the papers filed in response thereto, it is
ORDERED that the branch of the motion seeking an extension of time to take an appeal 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 branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further, ORDERED that the court stenographer 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 appellant 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 appellant 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, on the court's own motion, that an extension of time to perfect the appeal is granted and the appeal should be perfected by May 15, 2023; and it is further, ORDERED that the branch of the motion seeking the assignment of counsel is denied, as appellant was convicted of a violation and is not subject to further incarceration (see People v Garcia, 93 N.Y.2d 42, 46 [1999]; People v Letterio, 16 N.Y.2d 307 [1965]; People v Russo, 149 A.D.2d 255, 258 [1989]; see also People v Farinaro, 36 N.Y.2d 283 [1975]).
Driscoll, J., taking no part.