THE PEOPLE V MARK FOERY
Motion No: KA 11-00910
Slip Opinion No: 2011 NY Slip Op 73246(U)
Decided on May 18, 2011
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.


May 18, 2011

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 11-00910
Indictment No: 10-61

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MARK FOERY, DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person and assignment of counsel for the appeal taken from a judgment of the Wayne County Court rendered April 7, 2011,

Now, upon reading and filing the affidavits of Mark Foery sworn to April 7, 2011, the notice of motion with proof of due service thereof, and the affirmation of Daniel C. Connors, Esq. dated April 15, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew upon a showing of an inability to secure a loan based upon the existing equity in a parcel of real property.

Entered: May 18, 2011

PATRICIA L. MORGAN, Clerk