Appellate Division: Second Judicial Department

M264561

kbp/

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2012-05482 The People, etc., respondent, v Gilberto DeJesus, appellant. (Ind. No. 155/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Queens County, rendered April 9, 2012, which was deemed abandoned pursuant to former 22 NYCRR 670.8(f), for poor person relief, 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 branch of the motion which is, in effect, to restore the appeal to active status is granted; and it is further,

ORDERED that the branch of the motion which is for poor person relief 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, and (2) 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.

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court