Appellate Division: Second Judicial Department

M53340

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2002-02248 The People, etc., respondent, v Wykim Williams, appellant. (Ind. No. 480/98)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, pursuant to CPL 460.30, to extend the defendant's time to take an appeal from a judgment of the Supreme Court, Queens County, rendered March 23, 2000.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted to the extent that the decision and order on motion of this court dated August 9, 2002, which denied a motion by the defendant, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment rendered March 23, 2000, is recalled and vacated, and the defendant's 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 June 18, 2007, the appellant shall either (1) perfect the appeal, (2) advise the court of the name of his attorney, or (3) move for leave to prosecute the appeal as a poor person and for the assignment of counsel.

RIVERA, J.P., FLORIO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court