People v Bailey, Clarence
Motion No: 2009-03267
Slip Opinion No: 2010 NY Slip Op 78521(U)
Decided on August 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M106296

E/ct

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2009-03267

The People, etc., respondent,

v Clarence Bailey, appellant.

(Ind. No. 6908/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered March 16, 2009, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew on or before September 17, 2010, upon proper papers, including the appellant's affidavit setting forth (1) whether trial counsel was assigned or retained, and, if retained, the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court