| People v Rodriguez, Nestor |
| Motion No: 2020-04692 |
| Slip Opinion No: 2020 NY Slip Op 69833(U) |
| Decided on August 12, 2020 |
| 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
M272347
E/sl
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2020-04692 The People, etc., plaintiff, v Nestor Rodriguez, defendant. (Ind. No. 1063/2015)
| DECISION & ORDER ON MOTION |
Motion by Nestor Rodriguez pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered February 8, 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 pursuant to CPL 460.30 for an extension of time to take the appeal is denied without prejudice to making an application for a writ of error coram nobis seeking leave to file a late notice of appeal from the judgment pursuant to People v Syville (15 NY3d 391); and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., MILLER, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court