Appellate Division: Second Judicial Department

M102216

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-01307 The People, etc., respondent, v Devon Rodney Ross Guishard, appellant. (Ind. No. 51/08)

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, Queens County, rendered May 8, 2009, 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 defendant's affidavit setting forth (1) the defendant'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, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the defendant's own money, what happened to the same after conviction.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court