| People v Rivas, Johnny |
| Motion No: 2008-09409 |
| Slip Opinion No: 2010 NY Slip Op 74246(U) |
| Decided on June 11, 2010 |
| 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. |
Appellate Division: Second Judicial Department
M104168
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
RANDALL T. ENG, JJ.
|
2008-09409 The People, etc., appellant, v Johnny Rivas, respondent.
(Ind. No. 129/08)
| DECISION & ORDER ON MOTION |
Appeal by the People from an order of the Supreme Court, Queens County, dated September 10, 2008. By decision and order on motion of this court dated February 2, 2010, the respondent's cross motion for leave to defend the appeal as a poor person and for the assignment of counsel was denied with leave to renew upon proper papers.
Now, on the court's own motion, it is
ORDERED that the respondent's time to renew his prior cross motion for leave to defend the appeal as a poor person and for the assignment of counsel is enlarged until July 16, 2010, and on or before that date the respondent shall renew his prior cross motion by submitting proper papers including the respondent's affidavit setting forth (1) his full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before the order dated September 10, 2008, was issued, the amount and source of the bail money, and if bail was the respondent's own money, what happened to the same when the order dated September 10, 2008, was issued; and it is further,
ORDERED that in the event that the respondent does not renew his prior cross motion, the respondent's time to serve and file a brief is enlarged until July 16, 2010, and the respondent shall serve and file a brief, if any, on or before that date; and it is further,
ORDERED that in the event that the respondent does not renew his prior cross motion on or before July 16, 2010, or serve and file a brief on or before July 16, 2010, the respondent shall be deemed to have waived his right to counsel, and the appeal shall be considered and determined only on the People's brief and original record.
DILLON, J.P., MILLER, ANGIOLILLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court