Appellate Division: Second Judicial Department

M157486

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-06705 The People, etc., respondent, v Elicia Beharry, appellant. (Ind. No. 29987/10)

DECISION & ORDER ON MOTION

Motion by Tammi D. Pere, counsel assigned to represent the appellant in Supreme Court, Queens County, to be relieved as counsel for the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered June 14, 2012, and for poor person relief and the assignment of counsel for the appellant.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to be relieved as counsel for the appellant is denied as unnecessary (see 22 NYCRR 671.2, 671.3); and it is further,

ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel are 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, as well as any and all sources of income before conviction, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

RIVERA, J.P., SKELOS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court