Appellate Division: Second Judicial Department

M168535

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SYLVIA O. HINDS-RADIX, JJ.

2013-10822, 2013-10825 The People, etc., respondent, v John Arroyo, appellant. (Ind. No. 12-00749)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute appeals from an order of the Supreme Court, Westchester County, entered October 16, 2013, and a judgment of the same court rendered November 6, 2013, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the order entered October 16, 2013, is not appealable either by right or by permission (see CPL 450.10; 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before February 26, 2014; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel on the appeal from the order entered October 16, 2013, is held in abeyance; and it is further,

ORDERED that the branch of the appellant's motion which is for poor person relief and the assignment of counsel on the appeal from the judgment rendered November 6, 2013, is 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, (2) the amount and source of counsel fees paid to retained counsel, and (3) 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.

BALKIN, J.P., CHAMBERS, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court