People v Benitez, Robert
Motion No: 2008-03618
Slip Opinion No: 2008 NYSlipOp 88830(U)
Decided on November 12, 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

M78158

F/

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2008-03618

The People, etc., respondent,

v Robert Benitez, appellant.

(Ind. No. 13/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Putnam County, rendered November 14, 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 thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth whether counsel was assigned counsel or retained counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel.

FISHER, J.P., BALKIN, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court