| People v Lopez-Perez, Gabriel Adrian |
| Motion No: 2012-08551 |
| Slip Opinion No: 2012 NY Slip Op 92378(U) |
| Decided on December 4, 2012 |
| 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
M147585
V/
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
|
2012-08551 The People, etc., respondent, v Gabriel Adrian Lopez-Perez, appellant. (Ind. No. 123/10)
| DECISION & ORDER ON MOTION |
Motion by Gabriel Adrian Lopez-Perez pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Dutchess County, rendered September 21, 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 or relation thereto, it is
ORDERED that the branch of the motion which is to extend the time to take the appeal 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, and for the assignment of counsel 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.
ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court