Appellate Division: Second Judicial Department

M271506

afa/

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2020-03139 The People, etc., respondent, v Joseph T. Allgood, appellant. (Ind. No. 109/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 15, 2019, following a trial. Motion by Joseph T. Allgood pursuant to CPL 460.30 for an extension of time to take the appeal, 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 in opposition thereto, it is

ORDERED that the branch of the motion which is for an extension of 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 leave to prosecute the appeal as a poor person 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.

RIVERA, J.P., AUSTIN, CHRISTOPHER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court