| THE PEOPLE V MURAD BEYAH |
| Motion No: KA 10-01834 |
| Slip Opinion No: 2010 NY Slip Op 82450(U) |
| Decided on September 15, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-01834
Indictment No: 85-0635-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MURAD
BEYAH, DEFENDANT-APPELLANT. |
Petitioner having moved for permission to proceed as a poor person on the appeal taken from an order of the Onondaga County Court, entered June 30, 2010, and for assignment of counsel and for other relief,
Now, upon reading and filing the statements of Hasan Murad Osiris Ahad Beyah dated August 8, 2010, August 6, 2010, July 1, 2010 and June 26, 2010, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion in so far as it seeks poor person relief and assignment of counsel is denied without prejudice to renewal upon proof of indigence and proof that a timely appeal has been taken, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: There is no indication in the motion papers that either party served the order with written notice of entry, and, therefore, the time to take the appeal has not begun to run (see CPLR 5513[a]). However, in order to request poor person relief and assignment of counsel, a timely notice of appeal must be filed and served (see CPLR 1101 (a); 5513; 22 NYCRR 1000.12[b]; 1000.14).
Entered: September 15, 2010
Patricia L. Morgan, Clerk