People v Hunter, Benjamin
Motion No: 2002-02421
Slip Opinion No: 2006 NYSlipOp 78112(U)
Decided on October 19, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M45867

C/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2002-02421

The People, etc., respondent,

v Benjamin Hunter, appellant.

(Ind. No. 7639/91)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to reargue his motion pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered December 19, 2000, which was denied by decision and order on motion of this court dated May 14, 2002.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion 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 on or before December 26, 2006, the appellant shall either perfect the appeal, retain counsel and advise the court of counsel's name, or move for poor person relief and the assignment of counsel.

MILLER, J.P., GOLDSTEIN, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court