People v Benedetto, Robert J.
Motion No: 2005-07499
Slip Opinion No: 2006 NYSlipOp 63215(U)
Decided on February 23, 2006
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

M36195

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-07499

The People, etc., respondent,

v Robert J. Benedetto, appellant.

(Ind. No. 162/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Dutchess County, rendered July 28, 2005, 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 motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

H. MILLER, J.P., CRANE, LUCIANO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court