People v. Heise

Full title: The People, etc., respondent, v. David M. Heise, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jan 28, 2013

2013 N.Y. Slip Op. 62822 (N.Y. App. Div. 2013)

Opinion

Motion No: 2011-08441 Ind. No. 1368/11 M150360

01-28-2013

The People, etc., respondent, v. David M. Heise, appellant.

MARK C. DILLON

, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, dated August 26, 2011, as abandoned. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the appellant's motion is denied with leave to renew on or before March 4, 2013, upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

DILLON, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court