Appellate Division: Second Judicial Department

M298334

AFA/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2024-03191, 2024-03192, 2024-03194 The People, etc., respondent, v Cesar Fernandez, appellant. (S.C.I. No. 70972/2023, SCR No. 70973/2023, S.C.I. No. 612/2021)

DECISION & ORDER ON MOTION

Motion by Cesar Fernandez pursuant to CPL 460.30 for an extension of time to take an appeal from three judgments of the Supreme Court, Queens County, rendered May 19, 2023, and April 21, 2023 (two judgments), respectively, for leave to prosecute the appeals 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, in effect, pursuant to CPL 460.30 for an extension of time to take appeals from the judgments 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 appeals 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, the amount and source of counsel fees paid to retained counsel in the Supreme Court, and 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.

CHAMBERS, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court