| THE PEOPLE V WILLARD BAILEY |
| Motion No: KA 12-01348 |
| Slip Opinion No: 2013 NY Slip Op 83726(U) |
| Decided on August 27, 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 12-01348
Indictment No: I12-015
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V WILLARD BAILEY, DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Oneida County Court, rendered July 9, 2012, and for other relief,
Now, upon reading and filing the affidavit of Mark C. Curley, Esq. sworn to August 6, 2013, the notice of motion with proof of service thereof, the affidavit of Willard Bailey sworn to June 12, 2013, and the affidavit of Patrick Marthage, Esq. sworn to August 5, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon the filing and serving of a motion containing a substitution of counsel form signed by defendant, assigned counsel and retained counsel, an affidavit from defendant establishing indigency and an affirmation from counsel explaining the facts relating to the retaining of his services and the source of the retainer fee.
Entered: August 27, 2013
Frances E. Cafarell, Clerk