| People v Fogle, James |
| Motion No: 2008-02833 |
| Slip Opinion No: 2008 NYSlipOp 88008(U) |
| Decided on October 30, 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. |
Appellate Division: Second Judicial Department
M76789
E/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2008-02833
The People, etc., plaintiff, v James Fogle, defendant. (Ind. No. 1831/06)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
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, Queens County, rendered May 7, 2007, for leave to prosecute the appeal 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 the branch of the motion which is pursuant to CPL 460.30 for an extension of time is denied (see CPLR 460.30[1]); and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, and for the assignment of counsel are denied as academic.
PRUDENTI, P.J., SANTUCCI, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court