| People v Istvan, Steven M. |
| Motion No: 2017-01085 |
| Slip Opinion No: 2017 NY Slip Op 69214(U) |
| Decided on March 31, 2017 |
| 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
M228606
V/
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2017-01085 The People, etc., respondent, v Steven M. Istvan, appellant. (Ind. No. 13/16)
| DECISION & ORDER ON MOTION |
Motion by Steven M. Istvan pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Dutchess County, rendered December 16, 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 no papers having been filed in opposition or in relation 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 branch of the motion which is for poor person relief, and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
BALKIN, J.P., COHEN, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court