People v Robles, David
Motion No: 2012-09683
Slip Opinion No: 2013 NY Slip Op 61408(U)
Decided on January 14, 2013
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

M149468

V/

PETER B. SKELOS, J.P.

MARK C. DILLON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-09683

The People, etc., respondent,

v David Robles, appellant.

(Ind. No. 495/03)

DECISION & ORDER ON MOTION

Motion by David Robles pursuant to CPL 460.30 for an extension of time to take an appeal from a resentence of the Supreme Court, Queens County, imposed July 31, 2012, 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 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 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 who represented the appellant at his resentencing.

SKELOS, J.P., DILLON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court