Appellate Division: Second Judicial Department

M264996

kbp/

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-06452 The People, etc., respondent, v Shaheed Emery, appellant. (Ind. No. 18-00732)

DECISION & ORDER ON MOTION

Motion by Shaheed Emery pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Orange County, rendered March 1, 2019, 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, including any real property owned by the appellant and the equity in that property, as well as any and all sources of income before conviction, and (2) the amount of counsel fees paid to retained counsel.

SCHEINKMAN, P.J., LASALLE, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court