Opinion
Motion No: 2011-11790 Ind. No. 09-01072 M133002
02-09-2012
The People, etc., respondent, v. Leroy Howard, appellant.
, J.P.
RANDALL T. ENG
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by Leroy Howard pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered February 10, 2011, 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 opposition thereto, it is
ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,
ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
RIVERA, J.P., ENG, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court