THE PEOPLE V WINNIE NIXON
Motion No: KA 08-02273
Slip Opinion No: 2008 NYSlipOp 90359(U)
Decided on November 24, 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.


November 24, 2008

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

KA 08-02273
Indictment No: 2007-2076

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

WINNIE NIXON, DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Supreme Court, Erie County, rendered September 2, 2008,

Now, upon reading and filing the affirmation of Thomas J. Eoannou, dated October 30, 2008, the affidavit of Winnie Nixon, sworn to October 7, 2008, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied with leave to renew upon proof that the notice of appeal was served in accordance with CPL 460.10.

Entered: November 24, 2008

JoAnn M. Wahl, Clerk