Opinion
2013-04624 Ind. No. 12-00029 M159149
07-10-2013
The People, etc., respondent, v. Jose Fernandez-Vargas, appellant.
, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by Jose Fernandez-Vargas pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered December 6, 2012, 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 in the trial court.
MASTRO, J.P., AUSTIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court