People v Rodriguez, Edy
Motion No: 2008-04001
Slip Opinion No: 2008 NYSlipOp 76846(U)
Decided on July 1, 2008
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

M72419

F/

ROBERT A. SPOLZINO, J.P..

ROBERT A. LIFSON

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-04001

The People, etc., respondent,

v Edy Rodriguez, appellant.

(Ind. No. 07-00533)

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 Supreme Court, Westchester County, rendered March 13, 2008, 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 motion is denied with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

SPOLZINO, J.P., LIFSON, DICKERSON, and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court