People v Evans, Jean
Motion No: 2021-03304
Slip Opinion No: 2021 NY Slip Op 68323(U)
Decided on June 25, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M277870

AFA/

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2021-03304

The People, etc., respondent,

v Jean Evans, appellant.

(Ind. No. 2042/2018)

DECISION & ORDER ON MOTION

Motion by Jean Evans pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Suffolk County, rendered January 29, 2020, upon a plea of guilty, 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 opposition thereto, it is

ORDERED that the branch of the motion which is pursuant to CPLR 460.30 for an extension of time to take an appeal from the judgment is granted, and 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 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 the amount and source of counsel fees paid to retained counsel in the trial court.

AUSTIN, J.P., HINDS-RADIX, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court