Appellate Division: Second Judicial Department

M292129

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-05360 The People, etc., respondent, v Fabian Scarlett, appellant. (Ind. No. 443/2019)

DECISION & ORDER ON MOTION

Motion by Fabian Scarlett pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered September 8, 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 the papers filed in opposition 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 Supreme Court.

DUFFY, J.P., FORD, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court