| People v Idarraga, Fabian |
| Motion No: 2014-09119 |
| Slip Opinion No: 2015 NY Slip Op 60975(U) |
| Decided on January 13, 2015 |
| 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. |
Appellate Division: Second Judicial Department
M185755
V/
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-09119, 2014-09121 The People, etc., respondent, v Fabian Idarraga, appellant. (Ind. Nos. 13-00627, 13-00630)
| DECISION & ORDER ON MOTION |
Motion by Fabian Idarraga pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Westchester County, both rendered July 15, 2014, 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.
BALKIN, J.P., COHEN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court