| THE PEOPLE V MEMPHIS DELACRUZ |
| Motion No: KA 18-00837 |
| Slip Opinion No: 2018 NY Slip Op 76525(U) |
| Decided on June 22, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 18-00837
Indictment No: I16-205
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMPHIS
DELACRUZ, DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of Oneida County Court rendered September 12, 2017, with pro bono representation,
Now, upon reading and filing the affidavit of Memphis X. Delacruz sworn to April 2, 2018, the notice of motion with proof of service thereof, 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, and,
It is further ORDERED that the notice of appeal dated September 18, 2017 shall be treated as valid to the judgment rendered September 12, 2017 under Indictment I16-205 pursuant to CPL 460.10 (6).
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 affidavit or affirmation from counsel advising this Court of the scope and particulars of his legal representation of defendant.
Entered: June 22, 2018
MARK W. BENNETT, Clerk