Appellate Division: Second Judicial Department

M215216

J/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2016-02527 The People, etc., plaintiff, v Renato Albanese, defendant. (Ind. No. 08-01677)

DECISION & ORDER ON MOTION

Motion by the defendant to extend his time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the County Court, Westchester County, dated February 26, 2016, for poor person relief and the assignment of counsel, and to seal certain papers. By decision and order on motion of this Court dated April 11, 2016, as amended April 13, 2016, the branches of the motion which were to extend the time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated February 26, 2016, and to seal certain papers were granted, and the branch of the motion which was for poor person relief and the assignment of counsel was held in abeyance pending determination of the defendant's application for leave to appeal to this Court. By decision and order on application of this Court dated August 9, 2016, the defendant's application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated February 26, 2016, was denied.

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 for poor person relief and the assignment of counsel is denied as academic in light of the decision and order on application dated August 9, 2016.

DILLON, J.P., ROMAN, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court