Appellate Division: Second Judicial Department

M159146

V/

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-04911 The People, etc., respondent, v Sean Barnhill, appellant. (Ind. No. 508/13)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by Sean Barnhill pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered March 19, 2013, 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 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 in the trial court, 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.

MASTRO, J.P., AUSTIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court