Appellate Division: Second Judicial Department

M274227

AFA/

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2020-07807 The People, etc., respondent, v Johnny Lozier, appellant. (Ind. No. 245/2019)

DECISION & ORDER ON MOTION

Motion by Johnny Lozier pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered September 1, 2020, and in effect, 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 pursuant to CPL 460.30 for an extension of time to take an appeal is granted and the moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion for leave to prosecute the appeal as a poor person and the assignment of counsel is 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, as well as any and all sources of income before conviction, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

MASTRO, J.P., AUSTIN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court