THE PEOPLE V AYEU RUAL SCI No: 27415
Motion No: KA 09-00183
Slip Opinion No: 2009 NYSlipOp 65638(U)
Decided on March 3, 2009
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.


March 3, 2009

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

KA 09-00183

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

AYEU RUAL, DEFENDANT-APPELLANT.

SCI No: 27415


Counsel for defendant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken from an order of the Supreme Court, Erie County, entered October 12, 2007,

Now, upon reading and filing the affirmation of Karen Korkuc, dated January 31, 2009, 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 a submission from defendant indicating that he wishes to proceed with his appeal and demonstrating that he is indigent.

Entered: March 3, 2009

JoAnn M. Wahl, Clerk