| People of State of New York v Ashley Quintero |
| Motion No: 2017-02382 WCR |
| Slip Opinion No: 2018 NY Slip Op 70879(U) |
| Decided on April 19, 2018 |
| 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 Ashley Quintero, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Village of Briarcliff Manor, Westchester County, rendered October 18, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated February 14, 2018, appellant was directed either to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, or, if so advised, to make a motion in this court pursuant to CPL 460.30 for an extension of time to file an affidavit of errors, and appellant's motion was held in abeyance in the interim. Separate motion by appellant, in effect, for an extension of time to file an affidavit of errors.
Upon the order to show cause and the papers filed by appellant in response thereto, and upon the papers filed in support of appellant's motions and no papers having been filed in opposition thereto, it is
ORDERED that appellant's motion, in effect, 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 motion (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's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, and the court's own motion to dismiss the appeal are held in abeyance in the interim.
ENTER:
Paul Kenny Chief Clerk