People v Duff, William T.
Motion No: 2021-03111
Slip Opinion No: 2021 NY Slip Op 70926(U)
Decided on September 1, 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

M278933

AFA/

LEONARD B. AUSTIN, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2021-03111

The People, etc., respondent,

v William T. Duff, appellant.

(Ind. No. 458/2020)

DECISION & ORDER ON MOTION

Motion by William T. Duff pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered November 18, 2020, 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 an appeal 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 the assignment of counsel are denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel in the County Court, 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.

AUSTIN, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court