Opinion
KA 12-00210 Indictment No: 2011-456
05-23-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KEVIN M. MINEMIER, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Counsel for the defendant having moved to amend the order of this Court entered April 8, 2013, granting defendant poor person relief on the appeal taken from a judgment of the Monroe County Court, rendered January 20, 2012,
Now, upon reading and filing the affirmation of Donald M. Thompson, Esq. dated April 29, 2013, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice.
Memorandum: Defendant may move for poor person relief once an appeal has been taken from an order directing restitution or an amended sentence (see People v Brusie, 70 AD3d 1395, 1396).
Frances E. Cafarell, Clerk