People v Smith, Myrna
Motion No: 2011-06189
Slip Opinion No: 2011 NY Slip Op 80151(U)
Decided on August 4, 2011
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

M124003

V/

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-06189

The People, etc., respondent,

v Myrna Smith, appellant.

(S.C.I. Nos. 09-01267, 09-01416)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered May 19, 2011, 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 upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, including equity in real property located in Tuckahoe, New York, as well as any and all sources of income before conviction, and (2) the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction, and the amount and source of restitution paid.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court