People v Montejodubon, Anival A.
Motion No: 2022-02227
Slip Opinion No: 2022 NY Slip Op 69694(U)
Decided on August 8, 2022
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

M284373

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH A. ZAYAS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-02227

The People, etc., respondent,

v Anival A. Montejodubon, appellant.

(Ind. No. 525/2020)

DECISION & ORDER ON MOTION

Motion by Anival A. Montejodubon pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered August 17, 2021, 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 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 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 County Court.

BRATHWAITE NELSON, J.P., ZAYAS, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court