| People of State of New York v Charles D. Pell |
| Motion No: 2017-00163 DCR |
| Slip Opinion No: 2017 NY Slip Op 66094(U) |
| Decided on February 15, 2017 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Charles D. Pell, Appellant. |
Motion by appellant for a writ of error coram nobis for an extension of time to file an affidavit of errors on an appeal from a judgment of conviction of the Justice Court of the Village of Fishkill, Dutchess County, rendered September 28, 2015, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a writ of error coram nobis for an extension of time to file an affidavit of errors is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on application (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,
ORDERED that appellant shall file a copy of the affidavit of errors in this court simultaneously with his filing the affidavit in the Justice Court; and it is further,
ORDERED that the remaining branches of the motion are held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk