Appellate Division: Second Judicial Department

M245457

E/afa

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2013-11496 The People, etc., respondent, v Yunior Bonilla, appellant. (Ind. No. 890-13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered November 6, 2013. Separate motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the respondent's motion and no papers having been filed in relation or in opposition thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the appellant's motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) 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.

DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court