Appellate Division: Second Judicial Department

M115753

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-04133 The People, etc., appellant-respondent, v James Walltower, respondent-appellant. (Ind. No. 10539/96)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for poor person relief and the assignment of counsel on an appeal and cross appeal from a resentence of the Supreme Court, Queens County, imposed April 20, 2010. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the application are granted; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to represent the respondent-appellant in connection with the appeal and cross appeal:

Steven Banks, Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

and it is further,

ORDERED that the assigned counsel shall serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) on or before April 20, 2011.

FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court