People v Lazier, Russell E.
Motion No: 2012-08628
Slip Opinion No: 2013 NY Slip Op 72066(U)
Decided on April 26, 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

M155192

V/

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-08628

The People, etc., respondent,

v Russell E. Lazier, appellant.

(Ind. No. 12-00183)

DECISION & ORDER ON MOTION

Motion by Russell E. Lazier pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered June 25, 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 an appeal is denied as unnecessary as the appellant timely filed a notice of appeal from the judgment rendered June 25, 2012; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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.

SKELOS, J.P., BALKIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court