Appellate Division: Second Judicial Department

M307178

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

JAMES P. MCCORMACK

PHILLIP HOM, JJ.

2024-10247 The People, etc., respondent, v Sergeno Pervil, appellant. (Ind. No. 71955/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered March 11, 2024. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. By order to show cause dated January 27, 2025, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely, counsel was assigned to respond to the order to show cause, and the appellant's motion was held in abeyance in the interim. Application by the appellant, in effect, pursuant to CPL 460.30 to deem the notice of appeal to be timely filed.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted and the notice of appeal is deemed timely filed; and it is further,

ORDERED that the motion by the appellant is denied with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel in the Supreme Court, and (3) 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.

BRATHWAITE NELSON, J.P., LANDICINO, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court