People v Johnson, Michael
Motion No: 2013-03103
Slip Opinion No: 2013 NY Slip Op 73521(U)
Decided on May 10, 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

M156089

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2013-03103

The People, etc., plaintiff,

v Michael Johnson, defendant.

(Ind. No. 1176/09)

DECISION & ORDER ON MOTION

Motion by Michael Johnson pursuant to CPL 460.30 for an extension of time to take an appeal from a resentence of the County Court, Suffolk County, imposed March 1, 2012, and 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 pursuant to CPL 460.30 which is for an extension of time to take the appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court