PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

KA 17-01127
Indictment No: 2016-138

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RUBEN L. BAILEY, JR., DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of Steuben County Court rendered May 5, 2017, with pro bono representation,

Now, upon reading and filing the affirmation of Susan BetzJitomir, Esq., filed March 9, 2018, the affidavit of Ruben Bailey, Jr., sworn to February 22, 2018, the notice of motion with proof of service thereof, the affidavit of Alan P. Reed, Esq., sworn to March 19, 2018, the affirmation of Rosemarie Richards, Esq., dated March 28, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew upon the filing and serving of a motion as outlined in the memorandum.

MEMORANDUM: Defendant may renew his request to proceed as a poor person with pro bono representation upon the refiling and reserving of a motion containing supporting affidavits from defendant and legal counsel responding specifically to potential conflicts of interest raised by the County Attorney. The supporting affidavits should establish that the decision of defendant to proceed with pro bono representation is an informed decision and that counsel has apprised all necessary parties of the risk involved. In addition, if a conflict of interest has been identified, the affidavits should clearly establish that defendant has waived any conflict if said conflict can be waived.

Entered: April 30, 2018

MARK W. BENNETT, Clerk