Appellate Division: Second Judicial Department

M166567

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2013-08571, 2013-08572, 2013-10902 The People, etc., respondent, v Anthony Martin, appellant. (Ind. Nos. 1767/11, 1768/11, 1769/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion dated October 29, 2013, in the above-entitled matters is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Anthony Martin pursuant to CPL 460.30 for an extension of time to take appeals from three judgments of the Supreme Court, Queens County, all rendered July 30, 2012, for leave to prosecute the appeals 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 appeals 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, 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., LEVENTHAL, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court