Appellate Division: Second Judicial Department

M249694

E/afa

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2018-03995 The People, etc., respondent, v William C. Turner, appellant. (Ind. No. 2303/16)

DECISION & ORDER ON MOTION

Motion by William C. Turner, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Suffolk County, rendered April 5, 2018, and to direct that he be released on bail, pending determination of the appeal. Separate motion by William C. Turner to stay his removal from County jail and to direct his release on his own recognizance or on bail, pending determination of the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, to extend the time to take the appeal is granted and the moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the notice of appeal served and filed on behalf of William C. Turner under a power of attorney is stricken (see Whitehead v Town House Equities, 8 AD3d 369); and it is further,

ORDERED that the branch of the motion which is to direct that William C. Turner be released on bail and the separate motion by William C. Turner to stay his removal from County jail and to direct his release on his own recognizance or on bail are denied.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court