Appellate Division: Second Judicial Department

M44279

G/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-11313, 2005-11314 The People, etc., respondent, v Luis Almanzar, appellant. (Ind. Nos. 2790-02, 1333-04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned appeals from two judgments of the Supreme Court, Suffolk County, both rendered November 9, 2005, and motion by the appellant for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motions, it is

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

ORDERED that the appellant's motion is denied, with leave to renew on or before November 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) the amount and source of counsel fees paid to retained counsel, 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.

MASTRO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court