Appellate Division: Second Judicial Department

M118271

B/sl

JOSEPH COVELLO, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-00876 The People, etc., respondent, v Robert M. Feder, appellant. (Ind. No. 1417/10)

DECISION & ORDER ON MOTION

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated March 24, 2011, is recalled and vacated, and the following decision and order on motion is substituted therefor:

2011-00876

The People, etc., respondent, DECISION & ORDER ON MOTION

v Robert M. Feder, appellant.

(Ind. No. 1417/10)

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered December 10, 2010, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) whether the appellant was represented by assigned counsel or retained counsel in the trial court 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.

COVELLO, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court