| THE PEOPLE V KEVIN M. MINEMIER |
| Motion No: KA 12-00210 |
| Slip Opinion No: 2013 NY Slip Op 75252(U) |
| Decided on May 23, 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 12-00210
Indictment No: 2011-456
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V KEVIN M. MINEMIER, DEFENDANT-APPELLANT. |
Counsel for the defendant having moved to amend the order of this Court entered April 8, 2013, granting defendant poor person relief on the appeal taken from a judgment of the Monroe County Court, rendered January 20, 2012,
Now, upon reading and filing the affirmation of Donald M. Thompson, Esq. dated April 29, 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 without prejudice.
Memorandum: Defendant may move for poor person relief once an appeal has been taken from an order directing restitution or an amended sentence (see People v Brusie, 70 AD3d 1395, 1396).
Entered: May 23, 2013
Frances E. Cafarell, Clerk