People v Almonte, Edilio A.
Motion No: 2019-01875
Slip Opinion No: 2019 NY Slip Op 68146(U)
Decided on April 17, 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

M262012

V/

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2019-01875

The People, etc., respondent,

v Edilio A. Almonte, appellant.

(Ind. No. 2556G-14)

DECISION & ORDER ON MOTION

Motion by Edilio A. Almonte pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered December 10, 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 relation 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 for poor person relief, and for the assignment of counsel are denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) 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, and (3) if on bail before conviction, 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., RIVERA, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court