| People v Bernard, Nathaniel B. |
| Motion No: 2019-03296 |
| Slip Opinion No: 2019 NY Slip Op 73005(U) |
| Decided on June 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. |
Appellate Division: Second Judicial Department
M263545
kbp/
JOHN M. LEVENTHAL, J.P.
JOSEPH J. MALTESE
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2019-03296 The People, etc., respondent, v Nathaniel B. Bernard, appellant. (Ind. No. 29/18)
| DECISION & ORDER ON MOTION |
Motion by Nathaniel B. Bernard pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered June 27, 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 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 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.
LEVENTHAL, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court