People v McClary, Gerald
Motion No: 2006-06149
Slip Opinion No: 2006 NYSlipOp 75587(U)
Decided on September 13, 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

M44115

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-06149

The People, etc., respondent,

v Gerald McClary, appellant.

(Ind. No. 722-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered June 8, 2006, 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 the papers filed 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.

MILLER, J.P., CRANE, MASTRO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court