| People v Scott, Calvin, Jr. |
| Motion No: 2016-07555 |
| Slip Opinion No: 2016 NY Slip Op 86680(U) |
| Decided on September 26, 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. |
Appellate Division: Second Judicial Department
M218663
V/
CHERYL E. CHAMBERS, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2016-07555 The People, etc., respondent, v Calvin Scott, Jr., appellant. (Ind. No. 291-15)
| DECISION & ORDER ON MOTION |
Motion by Calvin Scott, Jr., pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered December 17, 2015, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
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 for an extension of time to take an appeal 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 leave to prosecute the appeal as a poor person, and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth whether the appellant was represented by assigned counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel.
CHAMBERS, J.P., DICKERSON, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court