| People of State of New York v Michael Mccutchen |
| Motion No: 2022-00497 WCR |
| Slip Opinion No: 2023 NY Slip Op 60952(U) |
| Decided on January 24, 2023 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
JAMES P. McCORMACK, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Michael McCutchen, Appellant. |
Motion by appellant for assignment of counsel on an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered April 13, 2022.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew upon the filing of an affirmation of counsel pursuant to CPL 380.55(2), or an affidavit from appellant establishing his indigence.
In order to trigger the presumption of eligibility for assigned counsel pursuant to CPL 380.55(2), counsel must provide "a sworn representation that the defendant continues to be eligible for assigned counsel."
ENTER:
Paul Kenny
Chief Clerk