Appellate Division: Second Judicial Department

M181022

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2014-00967 The People, etc., respondent, v Equan J. Peterson, appellant. (S.C.I. No. 209/13)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 21, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered January 23, 2014, as a poor person, for the assignment of counsel, and for leave to file a pro se supplemental brief.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for 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, (2) whether the appellant was represented by assigned or retained in the County Court, and, if retained, 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; and it is further,

ORDERED that the branch of the motion which is for leave to file a pro se supplemental brief is denied as premature.

RIVERA, J.P., LEVENTHAL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court