| People v Amaya, Mario |
| Motion No: 2023-05080 |
| Slip Opinion No: 2023 NY Slip Op 76313(U) |
| Decided on November 6, 2023 |
| 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
M292069
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2023-05080 The People, etc., respondent, v Mario Amaya, appellant. (Ind. No. 70285/2021)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered April 27, 2022, 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 without prejudice to making an application for a writ of error coram nobis seeking leave to file a late notice of appeal from the judgment pursuant to People v Syville (15 NY3d 391), and it is further,
ORDERED that the motion is otherwise denied as academic.
CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court