| People v McPhatter, James |
| Motion No: 2019-02425 |
| Slip Opinion No: 2019 NY Slip Op 73953(U) |
| Decided on June 27, 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
M263860
E/sl
ALAN D. SCHEINKMAN, P.J.
ROBERT J. MILLER
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2019-02425 The People, etc., respondent, v James McPhatter, appellant. (Ind. No. 2541/97)
| DECISION & ORDER ON MOTION |
Motion by the defendant to extend the time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Kings County, dated December 20, 2018, and, thereupon, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated December 20, 2018, and for poor person relief and assignment of counsel on the appeal.
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 make an application pursuant to CPL 450.15 and 460.15 is granted and the application is deemed timely submitted to a Justice of this Court for determination; and it is further,
ORDERED that the branch of the motion which is for poor person relief and assignment of counsel on the appeal is held in abeyance in the interim.
SCHEINKMAN, P.J., MILLER, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court