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

KA 10-01834
Indictment No: 85-0635-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MURAD BEYAH, DEFENDANT-APPELLANT.

Defendant 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 December 29, 2010, March 29, 2011 and May 8, 2011, the notice of motion with proof of due service thereof, the affirmation of Victoria M. White, Esq. dated May 2, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks poor person relief and assignment of counsel is denied without prejudice, and

It is further ORDERED that defendant is hereby directed to file the notice of appeal, which was served on the respondent on June 30, 2010, at the Onondaga County Clerk's Office on or before July 6, 2011 pursuant to CPLR 5520(a), and in the event that defendant timely completes such filing, the appeal is hereby deemed timely taken, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: A motion for permission to proceed on appeal as a poor person and for assignment of counsel must be supported by an affidavit setting forth the amount and sources of the movant's income and that the movant is unable to pay the costs, fees and expenses necessary to prosecute or respond to the appeal (see 22 NYCRR 1000.14 (a)(1); CPLR 1101[a]; Judiciary Law § 35[1]; County Law § 722).

Entered: June 6, 2011

Patricia L. Morgan, Clerk