People v Nickey, Glenford
Motion No: 2011-05134
Slip Opinion No: 2016 NY Slip Op 73085(U)
Decided on May 10, 2016
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M211206

V/

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2011-05134

The People, etc., respondent,

v Glenford Nickey, appellant.

(Ind. No. 09-01268)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to restore to active status an appeal from a resentence of the Supreme Court, Westchester County, imposed April 27, 2011, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute the appeal 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 thereto, it is

ORDERED that the motion is denied, with leave to renew on or before July 5, 2016, 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 counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel.

CHAMBERS, J.P., DICKERSON, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court