Appellate Division: Second Judicial Department

M221906

V/

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2016-09895 The People, etc., respondent, v James Sanders, appellant. (Ind. No. 84/14)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by James Sanders pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered August 3, 2016, 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 opposition thereto, it is

ORDERED that the branch of the motion which is to extend the time to take the 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 branches of the motion which are for poor person relief and for the assignment of counsel are 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.

LEVENTHAL, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court