Appellate Division: Second Judicial Department

M294363

AFA/

ROBERT J. MILLER, J.P.

LARA J. GENOVESI

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2023-05163 The People, etc., respondent, v George Tyner, appellant. (Ind. No. 70480/2021)

DECISION & ORDER ON MOTION

Motion by George Tyner pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered July 18, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, 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 (1) whether the appellant was represented by assigned counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

MILLER, J.P., GENOVESI, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court