| THE PEOPLE V JAMES H. MUNGER |
| Motion No: KA 13-02137 |
| Slip Opinion No: 2014 NY Slip Op 61077(U) |
| Decided on January 14, 2014 |
| 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 13-02137
Indictment No: 12-04-086
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JAMES H. MUNGER, DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel for the appeal taken from a judgment of the Ontario County Court, rendered November 6, 2013,
Now, upon reading and filing the affidavit of James H. Munger sworn to December 2, 2013, the notice of motion with proof of due service thereof, and the affirmation of Barry D. McFadden, Esq. dated December 4, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice.
Memorandum: Defendant has failed to provide sufficient documentary evidence and/or affidavits to establish that he is entitled to relief pursuant to CPLR 1101.
Entered: January 14, 2014
Frances E. Cafarell, Clerk