People v Clarke, Garfield
Motion No: 2008-00671
Slip Opinion No: 2008 NYSlipOp 71493(U)
Decided on May 8, 2008
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

M70031

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-00671

The People, etc., respondent,

v Garfield Clarke, appellant.

(Ind. No. 06-00215)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered March 19, 2007, 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 opposition and 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 (1) the appellant's full financial situation including all assets, both real and personal, including the amount of equity in his house, as well as any and all sources of income before conviction, and current employment income, if any, (2) the amount and source of counsel fees paid to retained counsel, if trial counsel was retained, 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.

PRUDENTI, P.J., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court