People v Innocent, Wenky
Motion No: 2017-11114
Slip Opinion No: 2018 NY Slip Op 61851(U)
Decided on January 22, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M245006

/htr

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-11114

The People, etc., respondent,

v Wenky Innocent, appellant.

(Ind. No. 884/16)

DECISION & ORDER ON MOTION

Motion by Wenky Innocent pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Suffolk County, rendered March 17, 2017, 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 or 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 the amount and source of counsel fees paid to retained counsel.

MASTRO, J.P., COHEN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court