Opinion
Motion No: KA 11-02609 Indictment No. 2010-0501
02-22-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. SCOTT PESCARA, DEFENDANT-APPELLANT
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
Defendant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken from the judgment of the Monroe County Court rendered October 21, 2011,
Now, upon reading and filing the affidavit of Scott Pescara sworn to December 19, 2011 and attachments thereto, 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 has failed to demonstrate an inability to secure a loan based upon the alleged equity existing in a parcel of real property and/or retirement interests.
Frances E. Cafarell, Clerk