People v Batista, Jonathan
Motion No: 2011-06514
Slip Opinion No: 2011 NY Slip Op 85167(U)
Decided on September 28, 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

M126561

V/

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-06514

The People, etc., respondent,

v Jonathan Batista, appellant.

(Ind. No. 1784/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered February 15, 2011, 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 on the Court's own motion, the appellant's motion papers are deemed to be an application pursuant to CPL 460.30 to extend the time to file a notice of appeal and the application is granted; and it is further,

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, 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.

MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court