People v Romero, Rafael
Motion No: 2013-11083
Slip Opinion No: 2014 NY Slip Op 94076(U)
Decided on December 26, 2014
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

M184955

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-11083

The People, etc., respondent,

v Rafael Romero, appellant.

(Ind. No. 5598/11)

DECISION & ORDER ON MOTION

2014-10074

People of State of New York, respondent,

v Rafael Romero, appellant.

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered January 30, 2013, in effect, for leave to file a late notice of appeal from an order of the same court dated January 30, 2013, issued pursuant to Correction Law § 168(n), and for poor person relief and the assignment of counsel with respect to the order dated January 30, 2013.

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, in effect, for leave to file a late notice of appeal from the order dated January 30, 2013, is denied without prejudice to filing a notice of appeal from the order dated January 30, 2013, in accordance with CPLR 5513(see Correction Law § 168[n][3]; and it is further,

ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel with respect to the order dated January 30, 2013, are denied without prejudice to renew upon filing a notice of appeal from that order.

RIVERA, J.P., DICKERSON, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court