People v Evans, Wendell
Motion No: 2006-09758
Slip Opinion No: 2008 NYSlipOp 80431(U)
Decided on August 18, 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

M74471

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2006-09758

The People, etc., respondent,

v Wendell Evans, appellant.

(Ind. No. 10118/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered September 28, 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 opposition thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the present status of his Social Security benefits and the source of funds used to pay the surcharge imposed at sentencing.

PRUDENTI, P.J., FLORIO, BALKIN, and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court