People v Elting, Daniel
Motion No: 2019-00821
Slip Opinion No: 2019 NY Slip Op 65637(U)
Decided on March 18, 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

M261074

V/

ALAN D. SCHEINKMAN, P.J.

MARK C. DILLON

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-00821

The People, etc., respondent,

v Daniel Elting, appellant.

(Ind. No. 532-18)

DECISION & ORDER ON MOTION

Motion by Daniel Elting pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered May 11, 2018, 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 motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount of counsel fees paid to retained counsel, and (2) 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., DILLON, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court