People v Ayuso, Katherine
Motion No: 2015-09836
Slip Opinion No: 2016 NY Slip Op 60637(U)
Decided on January 8, 2016
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

M204348

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2015-09836

The People, etc., respondent,

v Katherine Ayuso, appellant.

(Ind. No. 6650/14)

DECISION & ORDER ON MOTION

Motion by Katherine Ayuso 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 20, 2015, and for poor person relief and 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 pursuant to CPL 460.30 for an extension of time to take the appeal is granted, and 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 is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth whether she was represented by assigned or retained counsel in the Supreme Court and, if retained, the amount and source of counsel fees paid to retained counsel.

ENG, P.J., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court