| THE PEOPLE V SERRELL GAYTON |
| Motion No: KA 09-01818 |
| Slip Opinion No: 2009 NY Slip Op 87259(U) |
| Decided on October 27, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 09-01818
Indictment No: 2007-0398
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SERRELL
GAYTON, DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Monroe County Court, rendered September 3, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Serrell Gayton sworn to September 21, 2009, the notice of motion with proof of service thereof, the opposing letters of Leslie E. Swift dated September 28, 2009, October 7, 2009 and October 13, 2009, the opposing letter of Marie C. D'Amico dated October 6, 2009, the responding affidavit of Mark A. Young sworn to October 6, 2009, 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 the submission of an affidavit providing a detailed explanation of defendant's personal and business assets and income.
Entered: October 27, 2009
Patricia L. Morgan, Clerk