People v Finnegan, Brendan
Motion No: 2011-03420
Slip Opinion No: 2011 NY Slip Op 75479(U)
Decided on June 13, 2011
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M121500

V/

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-03420, 2011-03422

The People, etc., respondent,

v Brendan Finnegan, appellant.

(Ind. Nos. 10-00694, 10-00764)

DECISION & ORDER ON MOTION

Motion by Brendan Finnegan pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Orange County, both rendered January 24, 2011, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to take the appeals 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) 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.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court