Appellate Division: Second Judicial Department

M252560

AFA/

ALAN D. SCHEINKMAN, P.J.

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-06271 The People, etc., respondent, v Jesus Rosario, appellant. (Ind. No. 17-00147)

DECISION & ORDER ON MOTION

Motion by the appellant pro se oursuant to CPL §460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered December 14, 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 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 branches of the motion which are to prosecute the appeal 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 on bail before conviction, and, if so, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

SCHEINKMAN, P.J., DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court