| People v Felix, Donald |
| Motion No: 2002-08136 |
| Slip Opinion No: 2006 NYSlipOp 68451(U) |
| Decided on May 9, 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. |
Appellate Division: Second Judicial Department
M39431
C/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2002-08136 The People, etc., respondent, v Donald Felix, appellant. (Ind. No. 8136/02)
| DECISION & ORDER ON MOTION |
Motion by Thomas Liotti for leave to withdraw as attorney for the appellant on an appeal from a judgment of the County Court, Nassau County, rendered August 29, 2002. Cross motion by the respondent to strike the brief filed by Thomas Liotti on behalf of the appellant. Separate motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion by Thomas Liotti is denied as unnecessary, as he has been discharged; and it is further,
ORDERED that the motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied, with leave to renew, on or before June 13, 2006, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) who retained Thomas Liotti as the attorney for the appellant, and the amount and source of counsel fees paid to Thomas Liotti, 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; and it is further,
ORDERED that the cross motion to strike the brief filed by Thomas Liotti is held in abeyance pending determination of the appellant's renewed motion for poor person relief; and it is further,
ORDERED that if the appellant does not renew the motion for poor person relief and the assignment of counsel on or before June 13, 2006, the court will issue an order to show cause why the appeal should or should not be dismissed.
CRANE, J.P., KRAUSMAN, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court