Opinion
Motion No: 2011-09666 Ind. No. 3540/07 M129922
12-08-2011
The People, etc., respondent, v. Atiba Johnson, appellant.
, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by Atiba Johnson pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered October 14, 2010, 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, and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
DILLON, J.P., FLORIO, BELEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court