Appellate Division: Second Judicial Department

M126565

V/

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-07095, 2011-07097 The People, etc., respondent, v Brent Bristol, appellant. (Ind. Nos. 10-01243, 10-01294)

DECISION & ORDER ON MOTION

Motion by Brent Bristol pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Westchester County, both rendered May 3, 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 opposition 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 papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person, and for the assignment of counsel 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 in the trial court 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.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court