Appellate Division: Second Judicial Department

M49696

F/

ROBERT W. SCHMIDT, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-07204 The People, etc., respondent, v Keith Livingston, appellant. (Ind. No. 455/06)

DECISION & ORDER ON MOTION Motion for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered May 2, 2006, 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 on the court's own motion, the appellant's notice of appeal is deemed an application pursuant to CPL 460.30 for leave to extend his time to take an appeal from the judgment, the application is granted, and the notice of appeal is deemed to be timely filed; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel 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.

SCHMIDT, J.P., RIVERA, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court