Appellate Division: Second Judicial Department

M299811

AFA/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2024-06135 The People, etc., respondent, v Fernando Sorto, appellant. (Ind. No. 71216/2022)

DECISION & ORDER ON MOTION

Motion by Fernando Sorto pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered July 21, 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 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 whether the appellant was represented by assigned counsel or retained counsel in the County Court and, if retained, the amount and source of counsel fees paid to retained counsel.

LASALLE, P.J., CHAMBERS, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court