| People of State of New York v Eldon Britton |
| Motion No: 2010-00500 scr |
| Slip Opinion No: 2010 NY Slip Op 75253(U) |
| Decided on June 21, 2010 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Eldon Britton, Defendant. |
Motion by defendant for poor person relief, assignment of counsel, and an extension of time to take an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered June 30, 2008, and motion by plaintiff to file late opposition to defendant's motion.
Upon the papers filed in support of the motions, it is,
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion by plaintiff to file late opposition is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the motion by defendant for an extension of time to take an appeal and for poor person relief and assignment of counsel is denied.
An extension of time for taking an appeal may only be granted up to a maximum of one year and thirty days after sentencing (see CPL 460.30).
ENTER:
Angela G. Iannacci
Associate Justice