Appellate Division: Second Judicial Department

M153426

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2013-00770 The People, etc., respondent, v Malcolm Morgan, appellant. (Ind. No. 10-01280)

DECISION & ORDER ON MOTION

Motion by Malcolm Morgan pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Westchester County, rendered December 7, 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 opposition thereto, it is

ORDERED that the branch of the motion which is to extend the time to take the appeal is granted, and the moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for assignment of counsel are denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, 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.

DILLON, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court