People v James, Garth
Motion No: 2009-09603
Slip Opinion No: 2009 NY Slip Op 91426(U)
Decided on December 15, 2009
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

M95903

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-09603

The People, etc., respondent,

v James Garth, appellant.

(Ind. No. 3578/03)

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 April 7, 2009, and 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 to extend the time to take the appeal is denied; 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 as academic.

RIVERA, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court