People v Fabien, Bernard
Motion No: 2018-06193
Slip Opinion No: 2019 NY Slip Op 73219(U)
Decided on June 20, 2019
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

M263614

kbp/

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-06193

The People, etc., respondent,

v Bernard Fabien, appellant.

(Ind. No. 535/17)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered April 5, 2018, upon a plea of guilty, 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 upon proper papers, including the appellant's affidavit setting forth (1) 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, 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.

RIVERA, J.P., AUSTIN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court