People of State of New York v Harold H. (anonymous)
Motion No: 2012-00332 kcr
Slip Opinion No: 2012 NY Slip Op 71282(U)
Decided on April 17, 2012
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2012-332 K CR
The People of the State of New York, Respondent, v Harold H. (Anonymous), Appellant.

On the court's own motion, it is

ORDERED that the decision and order of this court dated March 14, 2012 is recalled and vacated and the following is substituted therefor:

Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Supreme Court, Kings County, rendered December 19, 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 no papers having been filed in opposition thereto, it is

ORDERED that the motion by appellant is denied as this court does not have jurisdiction over the matter (see NY Const, art VI, § 5 [b]; Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] 730.1 [b]).

ENTER:

Paul Kenny

Chief Clerk