| People v Fountain, Christopher |
| Motion No: 2011-09617 |
| Slip Opinion No: 2011 NY Slip Op 91738(U) |
| Decided on December 7, 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. |
Appellate Division: Second Judicial Department
M129925
V/
MARK C. DILLON, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2011-09617 The People, etc., respondent, v Christopher Fountain, appellant. (Ind. No. 11-00025)
| DECISION & ORDER ON MOTION |
Motion by Christopher Fountain pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Rockland County, rendered August 9, 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 relation thereto, it is
ORDERED that the branch of the motion which is to extend the time to take the appeal is denied as unnecessary as the appeal was timely taken; and it is further,
ORDERED that the branch of the motion which is for poor person relief and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court