Appellate Division: Second Judicial Department

M172167

E/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-02518 The People, etc., respondent, v Jean Toutpuissant, appellant. (Ind. No. 2971/08)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered February 2, 2011, as a poor person, and for the assignment of counsel. Separate motion by Barket Marion Epstein & Kearon, LLP, to withdraw as counsel for the appellant.

Upon the papers filed in support of the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel and the papers filed in opposition thereto, and upon the papers filed in support of the motion to withdraw as counsel and the papers filed in opposition thereto, it is

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel; and it is further,

ORDERED that the motion to withdraw as counsel is denied as unnecessary as Barket Marion Epstein & Kearon, LLP, has been discharged as counsel.

DICKERSON, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court