| THE PEOPLE V DAVID R. PERRY |
| Motion No: KA 13-00563 |
| Slip Opinion No: 2013 NY Slip Op 70089(U) |
| Decided on April 10, 2013 |
| 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 PERADOTTO, JJ.
KA 13-00563
Indictment No: 2012-65
| THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V
DAVID R. PERRY, DEFENDANT-RESPONDENT. |
Defendant-Respondent having moved for permission to proceed as a poor person and assignment of counsel for an appeal taken from a decision and order of the Steuben County Court, entered November 28, 2012,
Now, upon reading and filing the affidavit of David R. Perry sworn to March 21, 2013, 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.
Memorandum: Defendant-respondent has failed to demonstrate financial hardship (see 22 NYCRR 1000.14[a][1]) and an inability to secure a loan based upon the alleged equity existing in a parcel of real property.
Entered: April 10, 2013
Frances E. Cafarell, Clerk