Appellate Division: Second Judicial Department

M159553

E/ct

THOMAS A. DICKERSON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2013-05448 The People, etc., respondent, v Depri Padgett, appellant. (Ind. No. 8522/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered April 15, 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, in effect, pursuant to CPL 460.30 for an extension of 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 branches of the motion which are for poor person relief and for the assignment of counsel are denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) whether the appellant was represented by assigned counsel or retained counsel at trial, and, if retained, 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.

DICKERSON, J.P., LOTT, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court