People v Smith, Tymel A.
Motion No: 2017-10104
Slip Opinion No: 2018 NY Slip Op 71774(U)
Decided on May 7, 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

M249587

E/afa

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2017-10104

The People, etc., respondent,

v Tymel A. Smith, appellant.

(Ind. No. 106N/16)

DECISION & ORDER ON MOTION

2017-10105

The People, etc., respondent,

v Tymel A. Smith, appellant.

(S.C.I. No. 1606N/16)

Separate motions (one as to each appeal) by the appellant pro se for leave to prosecute appeals from two judgments of the Supreme Court, Nassau County, both rendered January 23, 2017, as a poor person, and for the assignment of counsel. By orders to show cause dated January 18, 2018 (one as to each appeal), the appellant was directed to show cause before this Court why the appeals should not be dismissed on the ground that the notices of appeal from the judgments were untimely, counsel was assigned to respond to the orders to show cause, and the appellant's motions were held in abeyance in the interim. Motion by the appellant pursuant to CPL 460.30 to deem the notices of appeal timely filed.

Now, upon the orders to show cause and the papers filed in response thereto, upon the papers filed in support of the motions for leave to prosecute the appeals as a poor person and for the assignment of counsel and the papers filed in relation thereto, and upon the papers filed in support of the motions pursuant to CPL 460.30 to deem the notices of appeal timely filed and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions to dismiss the appeals are denied; and it is further,

ORDERED that the motion pursuant to CPL 460.30 to deem the notices of appeal timely filed is granted; and it is further,

ORDERED that the motions for leave to prosecute the appeals as a poor person and for the assignment of counsel are denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth whether the appellant was represented by assigned counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel.

SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court