| THE PEOPLE, V SCOTT PESCARA, |
| Motion No: KA 11-02609 |
| Slip Opinion No: 2012 NY Slip Op 65097(U) |
| Decided on February 22, 2012 |
| 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., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
KA 11-02609
Indictment No. 2010-0501
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT V SCOTT
PESCARA, DEFENDANT-APPELLANT |
Defendant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken from the judgment of the Monroe County Court rendered October 21, 2011,
Now, upon reading and filing the affidavit of Scott Pescara sworn to December 19, 2011 and attachments thereto, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice.
Memorandum: Defendant has failed to demonstrate an inability to secure a loan based upon the alleged equity existing in a parcel of real property and/or retirement interests.
Entered: February 22, 2012
Frances E. Cafarell, Clerk