Appellate Division: Second Judicial Department

M108011

J/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-07268 The People, etc., respondent, v Nelson Bencosme, appellant. (Ind. No. 480/10)

DECISION & ORDER ON MOTION

Motion by Nelson Bencosme pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered March 17, 2010, 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 moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) whether the appellant was represented by assigned counsel or retained counsel at trial, and, if retained, the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

ANGIOLILLO, J.P., DICKERSON, ENG, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court