Iverson v. Surber

• Court: District Court, S.D. New York
• Decided: May 22, 2024
• Docket: 1:13-cv-00633
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

IVERSON, Plaintiff, 13-CV-633 v. ORDER SURBER et al., Defendant. Ronnie Abrams, United States District Judge: The Court is in receipt of the attached letter from Mr. Iverson in which he appears to express dissatisfaction with his state court criminal proceedings. This Court, a federal court, lacks appellate authority over the state court proceedings that Mr. Iverson takes issue with. See generally 18 U.S.C. § 3231. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Iverson. SO ORDERED. Dated: May 22, 2024 New York, New York

Ronnie Abrams United States District Judge

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(Uw for Higher Education in Prison

Dear Student, Congratulations on completing another academic semester, We know it was not an ideal semester but, we made it through and will try to avoid many of the issues we ran into this semester. Below, are your grades for the Fall °23 semester. Enjoy the Holidays as best as you can, rest because we’ll be back at it on January 16", . EN 211 - PL 103 - Cur HI 103 - JhtS PR Kip bpale & Prony f £ : wong ot hel oy PY 203 - CWE Kio reg! CS 116 - PL 101 - □ °

PY 205 - . SO 207 - L HS 103 - HI 115 - SA 101

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Thank You, Lee Cruceta Academic Coordinator, Hudson Link . t \ 862° "Ossining, NY 10562 COftce (914)941-0794 Fax (914)487-710f info@hudsoniinkcrg

□□□ FUCSON LINK baa for Higher Education in Prison —————__ les ORE hudsonlink org |

Dear Students, Congratulations on finishing the first part of your summer courses. The semester will officially end on August 17". I plan to have our fall courses in order and a registration date by mid July.Below are your grades for the 6 weeks courses: □

PS 130, A .

EN 102 Bb

Thank you, Lee Cruceta Academic Coordinator Hudson Link

Yu for Higher Education in Prison

Dear Student, 5/15/2023

J want to commend you on another great semester. I hope you all enjoyed the graduation ceremony and had a chance to envision yourselves in the same position in the very near future. I’m here to help guide you all and if there is an academic issue that I can help you with, please write and address your concerns to me specifically. Looking forward to another great semester, go get it guys! , Thank you, | Lee Cruceta Academic Coordinator ay + HI 104 pt CO 102

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P.O, Box 862 Ossining, NY 10562 «Office (974)941-0794 Fax (914)487-1101 =» iénfo@hudsonfink.org

for Higher Education in Prison receonintog | |

{ want to commend you on another great semester. | hope you all enjoyed the graduation ceremony and had a chance to envision yourselves in the same position in the very near future. I’m _ here to help guide you all and if there is en academic issue that 1 can help you with, please write and address your concerns to me specifically. Looking forward to another great semester, go get it guys! Thank you, Lee Cruceta Academic Coordinator

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New / 7 CE Boll BES for Higher Education in Prison

Dear Student, 12/24/2022

I want to commend you and thank you for staying focused and doing a great job with your courses. I plan to be back and in the facility on a regular basis starting the first week of January.

Below are your grades for the fall semester. Thank you, Lee Cruceta - Academic Coordinator

SA102.00 CO207_- □ PL102. HI 103 be 113. . 102. PY 101 A PY 203. 103. | HI209. | CJ102_

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“7, Hudson Link VOU for Higher Education in Prison —— [rasonmnon |

Dear Student, 8/28/2023

1 want to commend you and thank you for staying focused and doing a great job with your courses. We had a couple of course changes and it wass too late to find a professor to jump in but, we’ll get back on track for the spring semester.

Below are your grades for the summer semester. Thank you, Lee Cruceta Academic Coordinator

CS 116 C1 105 BU 103 MK 101 sb MA 103 . HI 114 PY 101 PL 103 . SO 102 &

P.O. Box 862 Ossining, N ¥ 10562 Office (914}941-0794 Fax (914)487-1104 info@hudsontink.org □

SUPREME COURT OF THE STATE OF NEW YORK . COUNTY OF Avge lp ne □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ THE PEOPLE OF THE STATE OF NEW YORK, □□ Respondent, NOTICE OF MOTION TO SET ASIDE DLLEGAL SENTENCE | against . yo Ind. LLG/ e803 MPHEEL Fire sep! , . . Defendant eee ee eee rece □□□ net ,

PLEASE TAKE NOTICE, that based on the affidavit of a rele Sf Fithian! sworn to on the day of , 2024, the hereto annexed exhibits, and all prior proceedings, the undersigned will move the Avg, County Court, located at . , . BAG Ye Bo. i HOS fay Puck boakid Mend dese _onthe__ dayof__ 204, ke for an order to vacate the conviction of Lot PE ‘rendered against Lies KE Liptten! pursuant to Criminal Procedure Law 440.20 to vacate illegal sentence. —

Also for an order to produce the defendant at any evidentiary hearing had in relation to □

the motion herein pursuant to CPL 440.30; . , b Og Keng fo “a . : “ a :

PLEASE TAKE FURTHER NOTICE, that any opposition be served upon Mr. Laie Vite Stn at least seven days prior to the appointed due date in accordance with CPLR 2214(b) so that a reply brief can be filed. DATED: Merf7~ ___, 2024

□ RESPECTFULLY SUBMITTED . : . ts a chee!

TO: County District Attorney a . oy - . R50 let copie. isle Stine Phew MEE we Xie Leeccl PF CALE bP .

SUPREME COURT OF THE STATE OF NEW YORK □ COUNTY OF Ein gs nee el ete cetenenne THE PEOPLE OF THE STATE OF NEW YORK, Respondent, AFFIDAVIT IN SUPPORT : OF MOTION TO SET ASIDE THE SENTENCE against : a tnd. on es : MESS Sire sired : Defendant. ee ee ne ee ee renee ener eee - - STATE OF NEW YORE ) COUNTY OF _ 4ings ) SS: i, Late Sie Sian , the above captioned defendant, having being duly sworm says the following: 1. I make this affidavit in support of a motion pursuant to CPL §440.20 to vacate the judgment upon the grounds that: the sentence is illegal .

2, I was indicted for murder/attempted murder. At the arraignment I entered a plea of not guilty and did not post bail that was set in the amount of $ . | was 7 7 tf . As / (tried/plead guilty) in this court before the Hon. A/astiee Zé ig on TSB . The case was submitted to a jury, which rendered a verdict of guilty. 3. After trial I was found guilty of Li Mbit li} JE Sob Lis ffi ME LE EELS of the indictment (No. 7 . MEAN - At : 4, I was then sentenced by Hon. Lt butipl fe Z . Lo “ to a prison term of UE 2 LUE .

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a . 5. The reason(s) why I am entitled to reliefis Ara Fh ators KA Low ! a Oe . ee . : a Vike OOK Setinede Crinlius @okevss tibous hibits □□ Pols

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□ 6. The facts that support these claims include (raised below) AVY wx Loon Ueboce 5 : / . fy Aw at ? i / A . Aufl? Loh basa E Lite bee Loe? LE Aibet 3 ALL SB es KE. 4 bb itag? tiey 7 é Melee, 4b Skiba Abts fb ent) tig Bele Legge: Lie, □□□□□ 7 ae Fo, KOLO# cee f OO intl eon? Liege. ibaennt, EEA Lluis ARE fhe bh, bab □ DHE te a . Lf a" □□ . 4 Leen LEE CMM RE LS Lage cd AGE few heen hatels £ Mike ie Lo SGRLE ET ee + iit i A Ae ye ue : a of 4 ft Vy te Livia Mite BS 2 Ladin, pol as plies pelbre Miusllhe a os Fs tos foe - ae fo Lf “ at : : Lhiehe 2 6 Le) wa! Mes eae treet Ltn tape Lill Lpaptitera Ky Line Li rhe - > af, LEP foe teas Cd eA Jo fo & Linese LEE iene Lotte Foie ad stBiog Lage? Lol Léa Ae Lok Langit LEel Es heh) EOD AN LEE □□□ LY □ eee Lo 4 a - SE Eat Cede :

7.’ The ground(s) for relief described by this affidavit has (have) not been previously determined on the merits on a prior proceeding or motion in a court in this state other than an appeal from the judgment, or upon a prior motion or proceeding in a federal court.

WHEREFORE, [ respectfully request that this Court enter an order, pursuant to section 440.20 of the Criminal Procedure Law, vacating the judgment and order the dismissal of the indictment or in the alternative, order an evidentiary hearing and grant such and further relief as this Court may deem just and proper.

DATED: “secs £¢* , 2024

RESPECTFULLY SUBMITTED

Leah

- SWORN TO BEFORE ME THIS DAY OF , 2024

NOTARY PUBLIC. _ oe

AFFIDAVIT OF SERVICE

STATE OF NEW YORE ) □ . Le ) 88: . : COUNTY OF 4-777 ) Luc’ □ 2 ee Stal ; being duty sworn, deposes and says:

Tam the above-mentioned defendant/petitioner and I have served a copy of the following □ Sapers; °F □ FS cs mo Motion to Set Aside egal Sentence Upon the following party(ies): □□

Lie gf LE eg Si a oS Peers Zz : Locatilias Met jot LES AROS

- fo Valuers Cia Lina □□ Bi? Za Lane Acide: siete eek LINE” 8 4 7 7

by placing the above in a post-paid envelope and depositing it in a United States Postal Service mailbox located at Green Haven Correctional Facility, Stormville, NY 12582 on the 4% day of — LEEE , 2074, as due and sufficient service.

Sica

SWORN TO BEFORE ME THIS DAY OF 2024

ors REIN EE SVC ELEN ES 0 □□ □□□ □□ □□ pf OF NEW YORE SUPREME COURT: COUNTY OF : ki MES 2 COfT courTREPoRTER: << Wem

vs Indictment/SCI Charge(s): ___LawiSec. & Subdivision Dyexeson fhe. 2 Pe 185. BSC TT an i I oe — OedoBas Nfve Z : ft (280 Bz LEVI OVD I, J Petrov) mon gn a by Fah ——— ff 9 Pooh — SEX B □□□ Criminal Justice Traddng @ Date of offense: - 7-@e2- THE ABOVE NAMED DEFENDANT HAVING BEEN CORVICTED OF AND SENTENCED FOR 4 (FELONY) (MISD) BY □□□□□□□ FOR THE CRIMES) OF -—_—_—--—_____ # Of Law/Section & Hate/ Min. Max. Definite! Post Rel. Crime Counts fiision Terrorism Period = Term Determinate Sonery, . Ve Z (28.25). syes Lee a sires (6120.0) LOVES _ x, 2 . Z iz0ic(s) PYES □□□ GPW 2 {fe ebitS JOYS □□□ rn Convicted as a Jnvenile Offender = Age af time crime committed CONVICTION INCLUDES: . as an armed felon - Weapon Type: AGA) ind The sentence(s) imposed herein shall rm: e ig Type: . . Concerzentiy withers Asar/ Gem) Ory CPU” COLE ty, CHO STH And efCTS / □□ Consecutively to: FAVE ¢ O72 Aserf. wife A □□□ □□□ Adjudicated a YOUTHFUL OFFENDER . . Adjudicated in VIOLATION GF PROBATION □ EXECUTE AS A SENTENCE OF PAROLE SUPERVISICN (CPL 433.93) Court certified the Defendant a Sex Offender (Cor. L 163-d) ow . As aGecond) (second drug) (scoond drig/prios vio) (persistent) (violeat) (Gécbid child seiual assault) flony Smrenaet’” Surcharge (paid) $ttv. — Crime Victim Assistance Fee (paid) □□ — □ (paid) (mot paid) Resilantion (paid) (not paid) MED Coo Fee (paid) (not paid} $ Sex Offender Repistration Fee (paid) Mats XM oo □□ (paid) (not paid) □ Supplemental Sex Off. Victim Fee (paid. Aap □□□□□□ □□ ee — □□ SAID DEFENDANT BE AND HEREBY IS COMMITTED TO THE CUSTODY OF THE: At GF fetyy “a Department of Correctional Services (NYSDOCS) until released in azcendance with the law, and he © COT cae” not preseatly in the custody af NYSDOCS (the County Sheriff} (New York City Depariment of Correcti custody of NYSDOCS a5 provided in 7 NYCRR Part 103. until released in accordance with the law, and being a person spcteen (16) years or older anc said defendant shall remain im the custody of the NYSDOCS. Office of Children and Family Services in accordance with the law being a person less than sixteen

County Jail (correctional facility) BE BELD UNTIL THE JUDGMENT OF THIS COURT IS SATISFIED. : rt

Amended Commitment Original Sentence Date Order of Protection Attached YES NO 3-O¢ Mente LZ Sunsiine 2G eg Z y ao SCC Date Clerk of the Court Signature Title □

i

McKinney's Consolidated Laws of New York Annotated . Civil Practice Law and Rules (Refs & Annos) Chapter Eight. Of the Consolidated Laws . Article 45. Evidence (Refs & Annos) McKinney's CPLR Rule 4541 Rule 4541. Proof of proceedings before justice of the peace , Currentness

(a) Of the state. A transcript from the docket-book of a justice of the peace of the state, subscribed by him, and authenticated @ eettificate signed by the clerk of the county in which the justice resides, With the county ‘Seal affixed, to the effect □□□□□ the subscribing the transcript is a justice of the peace Of that county, is prima facie evidence of any matter stated in the ‘transcript which is required by law to be entered by the justice in his docket-book. (b) Of another state. A transcript from the docket-book of a justice of the peace of another state, of his minutes of the proceedings in a cause, of a judgment rendered by him, of an execution issued thereon or of the return of an execution, when subscribed by him, atid authetiticated ag prescribed in this stibdivision is prima facie evidence of his jurisdiction in the cause of the matters shown by the transcript. The transcript shall be authenticated by a certificate of the justice to the effect that it is in all respects correct and that he had jurisdiction of the cause; and also by a certificate of the clerk or prothonotary of the county in which the justice resides, with his official seal affixed, to the effect that the person subscribing the certificate attached to the transcript is a justice of the peace of that county. Credits , (Formerly § 4541, L.1962, c. 308. Redesignated L.1962, c. 315, § 1.) Editors' Notes HISTORICAL AND STATUTORY NOTES Derivation , C.P.A.1920, § 387; § 394 amended L.1941, c. 879. C.C.P.1876, § 939; § 940 amended L.1877, c. 416; §§ 948-951. PRACTICE COMMENTARIES by Vincent C. Alexander . Whereas the provisions of CPLR 4540(a)-(c) prescribe methods of self-authentication for copies of public records in general, CPLR 4541 is confined to transcripts of proceedings before justices of the peace of New York (subdivision and of other states (subdivision (b)). (In New York, the title “justice of the peace” became “town Justice” under § 103 of the Uniform Justice Court Act. See People v. Faisis, 1999, 180 Misc.2d 172, 688 N.Y.S.2d 378 (N.¥.Just.Ct.)). CPLR 4541 provides for self-authentication of the transcripts and creates a hearsay exception for the contents of the transcripts. As noted in Mr. Sklar's original Practice Commentary on this rule, the transcript from the docket book of a justice of the peace of another state, when certified as prescribed by subdivision (b), is prima facie evidence both of the justice's “jurisdiction in the cause” and of “the matters shown by the transcript.” Under subdivision (a), on the other hand, the - transcript from the docket book of a New York justice of the peace is not per se evidence of the justice's jurisdiction

WESTLAW © 2024 Thomson Reuters. No claim to original U.S. Governinent Works.

. ‘ ) □ : Page 1 □ ‘SUPREME COURT OF THE STATE OF NEW YORK , □ COUNTY OF KINGS : CRIMINAL TERM : PART 37 5 eg . PEOPLE OF THE STATE OF NEW YORK ‘-against— □ ERNEST IVERSON, DEFENDANT. - ee ee ey Indict. No. 1703/03 820 Jay Street fe SENTENCE Brooklyn, New York January 3, 2006 . ; . : BEFORE: □□ HONORABLE PLUMMER E. LOTT, Justice. □ □

APPEARANCES: □ , OFFICE OF CHARLES J. HYNES, ESQ. □ DISTRICT ATTORNEY - KINGS COUNTY ewes ee we □□ □□ RENAISSANCE PLAZA BROOKLYN, NEW YORK 11201 chi og BO BY: ROBERT WALSH, ESQ. EXhIBC Of Aey bute □□□□ ITA PARNESS, ESQ. Mi fo op Fae For Defendant Phillips AWE Edu Le □□ □□□□□ ; EL go Do my □□ EOL EE bon hg gf LAWRENCE E. WRIGHT, ESQ. Of OPERA For Defendant Iverson

ELLEN DOHERTY NERI,C.., □ PRINCIPAL COURT REPORTER □□

a □□ □□ Bo / “ _ EDN □□□□□□□□□□□□□□□□□□□□□□□□

sentence

. Page □□ “2 THE CLERK: This is five and six, Ernest Iverson 2 and Tarik Phillips. 3 Defendants on for sentence. 4 MR. WRIGHT: Lawrence E. Wright, 32 Court Street. 5 = —~—~SSR WALSH: =For the People, Robert Walsh. fF 6 Geod afternoon. 7 MS. PARNESS: Ita, I-T-A, P-A-R-N-E-S-S, 32 Court 8 Street, for defendant Phillips. 9 THE COURT: I have read counsel's motions 10 addressing the sufficiency of the evidence. 1i I have the Court's decision upstairs. 12 . Both sides can pick it up this afternoon. 13 Those motions, denied. 14 THE COURT: Let's atraign- them as predicates,” “please.

16 THE CLERK: Sure, both at the same time or one at i7 a time. 18 THE COURT: Let's try to do them both at the same 19 time. 20 (Handing predicate felony statements). □ 21. THE COURT: Neither he nor Mr. Phillips spcke to a □□ | 22 Probation. □□ 23 That doesn't preclude them from making a statement [ Tn □ 24 here. They were given an opportunity to speak ‘to 25 probation and did not do so. EDN □ □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

Page 3 THE CLERK: Mr. Phillips, you have been provided 2 with a statement by the District Attorney according to 3 Article 400 of the Criminal Procedure Law and 70 of the 4 Penal Law which states you have been convicted on a 5 oe prior felony; xo wit, attempted robbery in the third 6 degree, on February 27, 2002 in Kings County under : 7 3845/2001. 8 You may admit, deny or stand mute as to whether 9 you were the person convicted and sentenced on this 10 prior felony. ii If you wish to controvert that statement on any 12 grounds, including a violation of your constitutional 13 rights, you must state the grounds and you will be □ 14 entitled to a hearing before this Court without a jury. is MR. WRIGHT: Excuse me: Can the cuffs be removed. 16 . THE COURT: I'm sorry. Yes. . ig (Removing handcuffs.). 1g THE CLERK: Mr. Phillips, have you received’a copy of the statement? 21 THE DEFENDANT: Yes. . 22 THE CLERK: Have you discussed this matter with” □□ 23 your attorney? | 24 THE DEFENDANT: Not yet. 25 THE COURT: Why don't you do so. : : .

EDN □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

sentence Page 4 | 1. Speak to him about the predicate statements. □ 2 Ms. Parness, you and your client may sit down, | 3 please. □ 4 (Discussion with client, attorney Wright). scussion with client, attorney Parness). □□ 6 . THE CLERK: Mr. Phillips, have you discussed this matter with your attorney? g □ THE DEFENDANT: Yes, I did. 9 THE CLERK: Do you admit you are the person 10 . convicted and sentenced on that statement as recited in 11 the statement? 12 THE DEFENDANT: Yes. □ 13 THE CLERK: Do you wish to challenge that 14 statement on any Constitutional grounds? □ 15 THE DEFENDANT: No. : □ 16 THE COURT: Adjudicated: predicate with réspect™ 17 té the @tvenptedrobbery-in the third degree. 18 THE CLERK: Everson;’ you have been provided .. 19 with a statement by -the District Attorney. According 20 to Article 400 of the Criminal Procedure Law and 70 of 2i the Penal Law, which states you have been convicted and 22 sentenced on a prior felony; to wit, attempted criminal 23 sale of a controlled substance in the third degre a 24 cise © nonviolent felony on August 11, 090 e080) 25 County under 5979/2000. □

EDN da611b83-d66b-4ab4-bdc6-di42eed49293

vencence >

. Page 5 □ 1 You may admit, deny or stand mute as to whether 2 you were the person convicted and sentenced on that 3 felony as recited in the statement. 4 If you wish to controvert that statement on any “grounds, including violation of your constitutional | 6 rights, you must state the grounds, and you will be q entitled to a hearing before this Court without a jury. 8 Have you received a copy of the statement? 9 THE DEFENDANT: Yes. THE CLERK: Have you discussed this matter with 11 your attorney? | | . 12 THE DEFENDANT: Yes... 13 THE CLERK: Do you admit you were the person i4 convicted and sentenced on that felony? 15 THE DEFENDANT: Yes. - 16 THE CLERK: Do you wish to challenge the 17 constitutionality of that conviction? 18 . THE DEFENDANT: No. 19 THE COURT: Adjudicated. 20 THE CLERK: Is there any imposed at this time? | MS. PARNESS: No. Ze THE CLERK: Is Ms. Parness your attorney? 23, THE DEFENDANT: Yes. , 24 . THE CLERK: Before sentence is pronounced, you are 5 advised that you, your attorney, and the Assistant □

BLDN da611b83-d66b-4ab4-bdc6-di42eed49293

I STATE OF NEW YORK a. UNIFIED COURT SYSTEM ees SECOND JUDICIAL DISTRICT, SUPREME COURT □ iS: 320 4RY STREET “SB cguat BROOKLYN, NEW YORK 11201 Se

a Date: 04/03/24 a ERNEST IVERSON | one GREEN HAVEN CORRECTIONAL FACILITY = sy, P°O. BOX 4000 , , □□□ ee STORMVILLE, N.Y. 12589 | SE ae Ns LEN

Re: ERNEST IVERSON ce Indictment: 1708 eee Motion: TO SET ASIDE SENTENCE 440.20

L] Your motion has been placed on the Miscellaneous Motion Calendar for Your motion has been referred to Justice RRBORIOURS PART 12 FOR 5-15-2024

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Criminal Term Motion Department

ia STATE OF NEW YORK ia 7. - UNIFIED COURT SYSTEM oo SECOND JUDICIAL DISTRICT, SUPREME COURT □□ nae me 320 JAY STREET “cous BROOKLYN, NEW YORK 11201

Date: 03/25/24 : ERNEST IVERSON DIN:06A0295 GREENHAVEN CORRECTION FACILITY 594 RT. 216 PO BOX 4000 STORMVILLE, NEW YORK 12582

Re: ERNEST IVERSON Indictment: 1703-2003 Motion: TOSET ASIDE SENTENCE 440.20 nt Your motion has been placed on the Miscellaneous Motion Calendar for L] Your motion has been referred to Justice Your motion was DENIED by Justice Other: eee

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mae . SUPREME COURT OF THE STATE OF NEW YORK es _ COUNTY OF KINGS _ a. CRIMINAL TERM CLERK'S OFFICE , ew JAY STREET “rn BROOKLYN, NEW YORK 11201 NOTICE OF RIGHT TO APPEAL FOR A CERTIFICATE GRANTING LEAVE TO APPEAL

To:. ERN EST IVE RSON Date: (325-2024 Indictment No:_ 1703-2003

Your motion pursuant to article 440 of the Criminal Procedure Law was denied by Justice RODRIGUEZ _ Your right to an appeal from the order determining your motion is not automatic except in the single instance where the motion was made under CPL 440.30 (1 -a) for forensic DNA testing of evidence. For all other motions under article 440, you must apply to a Justice of the Appellate Division for a certificate granting leave to appeal. This application must be filed within 30 days after your being served by the District Attormey or the court with the court order denying your motion. The application must contain your name and address, indictment number, the questions of law or fact which YOU believe ought to be reviewed and a statement that no prior application for such certificate has been made. You must include copy of the court order and a copy of any opinion of the court. In addition, you must serve a copy of your application on the District Attorney.

APPELLATE DIVISION, 2 ne Department 45 Monroe Place Brooklyn, NY 11201 KINGS COUNTY SUPREME COURT Criminal Appeals 320 Jay Street Brooklyn, NY 17201 KINGS COUNTY DISTRICT ATTORNEY Appeals Bureau 350 Jay Street , Brooklyn, NY 11201 Mot. 9-3-2009

——_ STATE OF NEW YORK ia. □□ oe UNIFIED COURT SYSTEM ae SECOND JUDICIAL DISTRICT, SUPREME COURT aaa 320 JAY STREET BROOKLYN, NEW YORK 11201

Date: de □ ERNEST IVERSON DIN: 0640285 , GREEN HAVEN CORRECTIONAL FACILITY P.O. BOX 4000 STORMVILLE, NY 12582

Re: ERNEST IVERSON

Indictment: — Motion: 440.20 MOTION

(J Your motion has been placed on the Miscellaneous Motion Calendar for Your motion has been referred to Justice eee Your motion was/DENIED by Justice Other: PLEASE SEE ATTACHED OT Te Te

Criminal Term ‘Motion Department

meer, SUPREME COURT OF THE STATE OF NEW YORK where COUNTY OF KINGS ae. CRIMINAL TERM CLERK'S OFFICE □ Set 320 JAY STREET =e | BROOKLYN, NEW YORK 11201 NOTICE OF RIGHT TO APPEAL FOR A CERTIFICATE GRANTING LEAVE TO APPEAL

ERNEST IVERSON Date: _41#20-2003%" tn eee indictment No: 1703-2003

Your motion pursuant to article 440 of the Criminal Procedure Law was denied by Justice RODRIGUEZ Your right to an appeal from the order determining your motion is not automatic except in the single instance where the motion was made under CPL 440.30 (1 -a) for forensic DNA testing of evidence. For all other motions under article 440, you must apply to a Justice of the Appellate Division for a certificate granting leave to. appeal. This application must be filed within 30 days after your being served by the District Attorney or the court with the court order denying your motion. The application must contain your name and address, indictment number, the questions of law or fact which You believe ought to be reviewed and a statement that no prior application for such certificate has been made. You must include a copy of the court order and a copy of any opinion of the court. In addition, you must serve a copy of your application on the District Attomey.

APPELLATE DIVISION, 2 as Department 45 Monroe Place Brooklyn, NY 11204 KINGS COUNTY SUPREME COURT Criminal Appeals 320 Jay Street Brooklyn, NY 11201 KINGS COUNTY DISTRICT ATTORNEY Appeals Bureau 350 Jay Street Brooklyn, NY 11201 Mot. 9-3-2009