Opinion
Motion No. 2023-01101 Ind. No. 1937/19Case No. 2023-00297
04-18-2023
The People of the State of New York, Respondent, v. Moses Olanibi, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, David Friedman Peter H. Moulton Saliann Scarpulla John R. Higgitt, Justices.
Defendant having moved for leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about January 13, 2023, for leave to prosecute the appeal as a poor person and 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, it is ordered that
The motion is denied, with leave to renew upon defendant's submission of a notarized affidavit, pursuant to CPLR 1101(a) and 22 NYCRR 1250.4(d)(1) and (4), setting forth facts sufficient to establish that defendant has no funds or assets with which to prosecute the appeal, including clarification as to whether trial counsel was assigned or retained.