Appellate Division: Second Judicial Department

M37945

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

GABRIEL M. KRAUSMAN

STEVEN W. FISHER, JJ.

2005-02134, 2006-03041 The People, etc., respondent, v Roy Wright, appellant. (Ind. No. 130/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 6, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take appeals from a judgment of the County Court, Nassau County, rendered March 26, 2004, and an amended judgment of the same court rendered July 1, 2004, and for leave to prosecute the appeals 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 appeals is granted; and it is further,

ORDERED that the defendant's 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.

H. MILLER, J.P., CRANE, KRAUSMAN, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court