Opinion
Motion No. 2023-02584 Ind. No. 1418/21Case No. 2023-02912
09-07-2023
The People of the State of New York, Respondent, v. James Benbow, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Ellen Gesmer, Justice Presiding, Saliann Scarpulla, Manuel J. Mendez, Martin Shulman, John R. Higgitt, Justices.
Defendant, pro se, having moved for leave to prosecute, as a poor person, the appeal taken to this Court from a judgment of the Supreme Court, New York County, rendered on or about April 25, 2023, for the assignment of counsel, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, The motion, to the extent that it seeks poor person relief, is denied, with leave to renew upon defendant's submission of a notarized affidavit, pursuant to CPLR 1101 and 22 NYCRR 1250.4(d)(1) and (4), indicating whether trial counsel was assigned or retained, and if retained setting forth the amount and sources of funds to pay trial counsel's fee, and indicating if bail was posted in the Supreme Court, and if so, the source of those funds, and an explanation as to why similar funds that were used for counsel and bail are not available to prosecute this appeal. The application shall include an affidavit of the source[s] of all funds utilized by defendant.