People v Vilsaint, Christopher
Motion No: 2018-13416
Slip Opinion No: 2019 NY Slip Op 61395(U)
Decided on January 23, 2019
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

M259414

V/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-13416

The People, etc., respondent,

v Christopher Vilsaint, appellant.

(Ind. No. 17-00166)

DECISION & ORDER ON MOTION

Motion by Christopher Vilsaint pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered February 6, 2018, following a trial, 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 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 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.

DILLON, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court