People v Martin, Sylvan
Motion No: 2004-05000
Slip Opinion No: 2007 NYSlipOp 63510(U)
Decided on February 20, 2007
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

M50935

E/nl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

DANIEL D. ANGIOLILLO, JJ.

2004-05000

The People, etc., respondent,

v Sylvan Martin, appellant.

(Ind. No. 397/02)

DECISION & ORDER ON MOTION

Motion by the defendant, in effect, to reargue his prior motion pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 19, 2002, which was determined by decision and order on motion dated July 1, 2004.

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 on or before April 17, 2007, the appellant shall either (1) make a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, (2) advise the court that he has retained counsel, or (3) perfect the appeal.

MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court