PEOPLE V HENRY EMERSON
Motion No: KA 07-02481
Slip Opinion No: 2008 NYSlipOp 62403(U)
Decided on January 23, 2008
Appellate Division, Fourth 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.


January 23, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 07-02481
Indictment No: 04-010

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

HENRY EMERSON, DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Seneca County Court entered in the Office of the Clerk of the County of Seneca on January 8, 2007,

Now, upon reading and filing the affidavit of Henry Emerson, sworn to November 13, 2007, the notice of motion with proof of due service thereof, the letter of Steven J. Getman, dated November 16, 2007, and due deliberation having been had thereon,

It is ORDERED that the motion be, and the same hereby is, denied with leave to renew upon a showing of facts sufficient to demonstrate the unavailability of any funds that may have been used for prior bail applications.

Entered: January 23, 2008

JoAnn M. Wahl, Clerk