Appellate Division: Second Judicial Department

M42731

F/

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-05444 The People, etc., respondent, v Chukell Smalls, appellant. (Ind. No. 7278/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 28, 2006, and 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 relation 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 appellant'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) whether counsel is assigned counsel or retained counsel, if retained counsel, 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.

SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court