People v Richards, Dwayne
Motion No: 2015-02397
Slip Opinion No: 2017 NY Slip Op 75934(U)
Decided on June 5, 2017
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

M231913

V/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-02397

The People, etc., respondent,

v Dwayne Richards, appellant.

(Ind. No. 226N/14)

DECISION & ORDER ON MOTION

Motion by Adam Bevelacqua for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Nassau County, rendered February 20, 2015, and to allow the appellant to prosecute the appeal as a poor person and for the assignment of counsel to prosecute the appeal.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before June 22, 2017, Adam Bevelacqua shall serve the appellant by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion which is to allow the appellant to prosecute the appeal as a poor person and for the assignment of counsel to prosecute the appeal 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 on the appeal, (3) whether retained counsel has refunded any of the fees to the appellant, and (4) 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.

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court