People of State of New York v Stevens
Motion No: 2023-09197
Slip Opinion No: 2024 NY Slip Op 60951(U)
Decided on January 22, 2024
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

M293679

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2023-09197

People of State of New York, plaintiff,

v Edward L. Stevens, defendant.

DECISION & ORDER ON MOTION

Motion by Edward L. Stevens pursuant to CPL 460.30 for an extension of time to take an appeal from an order of the County Court, Dutchess County, dated July 10, 2023, 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 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).

DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court