Appellate Division: Second Judicial Department

M95914

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-08695 The People, etc., respondent, v Michael Walker, appellant. (Ind. No. 01-00489)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a resentence of the County Court, Orange County, imposed September 30, 2008, 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 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 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) whether trial counsel was retained or assigned, and, if retained, the amount and source of counsel fees paid to retained counsel.

RIVERA, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court