People v Samms, Michael
Motion No: 2007-07645
Slip Opinion No: 2009 NY Slip Op 76640(U)
Decided on June 29, 2009
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

M88587

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2007-07645

The People, etc., respondent,

v Michael Samms, appellant.

(Ind. No. 6692/05)

DECISION & ORDER ON MOTION

Motion by the appellant to continue his status as a poor person on an appeal from a judgment of the Supreme Court, Kings County, rendered July 23, 2007.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that so much of the decision and order on motion dated May 8, 2008, as recalled and vacated so much of a decision and order on motion dated November 28, 2007, as granted that branch of the appellant's motion which was for leave to prosecute the appeal as a poor person is recalled and vacated, and the provisions of the decision and order on motion dated November 28, 2007, as granted poor person relief to the appellant are reinstated.

RIVERA, J.P., DILLON, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court