| People of State of New York v Martinez |
| Motion No: 2022-04777 |
| Slip Opinion No: 2022 NY Slip Op 71347(U) |
| Decided on September 9, 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. |
Appellate Division: Second Judicial Department
M284805
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2022-04777 People of State of New York, respondent, v Ruben Martinez, appellant.
| DECISION & ORDER ON MOTION |
Motion by Ruben Martinez pursuant to CPL 460.30 for an extension of time to take an appeal from an order of the Supreme Court, Nassau County, dated November 24, 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 no papers having been filed in opposition or 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 denied as CPL 460.30 does not apply to this appeal (see Corrections Law 168-n[3]); 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 a timely filing of a notice of appeal (see CPLR 5513, 5514).
CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court