Appellate Division: Second Judicial Department

M70211

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FRED T. SANTUCCI, J.P.

JOSEPH COVELLO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2007-11070 The People, etc., respondent, v Sidor Fulcher, appellant. (Ind. No. 10361/06)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered November 21, 2007, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to be provided with a copy of the transcripts free of charge to aid in the preparation of a CPL 440 motion.

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

ORDERED that the branch of the motion which is pursuant to CPL 460.30 for an extension of time to take the appeal is denied as unnecessary as the notice of appeal was timely filed; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, if trial counsel was retained, and (3) 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; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., COVELLO, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court