THE PEOPLE V MICHAEL BOARD
Motion No: KA 23-00532
Slip Opinion No: 2023 NY Slip Op 67595(U)
Decided on May 22, 2023
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.


May 22, 2023

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

KA 23-00532
Indictment No: 00129-2021

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL BOARD, DEFENDANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Erie County Court, rendered January 4, 2023,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Defendant's motion fails to establish that he is

"financially unable to obtain counsel" (County Law §722) and fails to establish entitlement to poor person relief under the Rules of the Appellate Division (see 22 NYCRR §1250.4 [d] [1]; 22 NYCRR §1000.4 [f] [1] [i], [ii]).

Entered: May 22, 2023

Ann Dillon Flynn

Clerk of the Court