| IN THE MATTER OF EDDIE JAMES LEE, SR. V THE PEOPLE |
| Motion No: CA 09-02603 |
| Slip Opinion No: 2009 NY Slip Op 93034(U) |
| Decided on December 29, 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.
DOCKET NO. CA 09-02603
| IN THE MATTER OF EDDIE JAMES LEE, SR., PETITIONER-APPELLANT,
V THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and permission to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 19, 2009,
Now, upon reading and filing the affidavit of Eddie James Lee, Sr. sworn to April 1, 2009, the notice of motion with proof of 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 on or before January 28, 2010, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on the Attorney General and the Oneida County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: December 29, 2009
Patricia L. Morgan, Clerk