Majority
p. 1133The People, Respondent, v Colon Toledo, Appellant. [642 NYS2d 842]
Motion for permission to proceed as a poor person denied with leave to renew. Memorandum: Defendant has failed to comply with that part of the order of this Court, entered February 2, 1996, directing him to submit an affidavit addressing the allegations set forth in the People’s opposing affidavit to the original motion seeking poor person relief. Until defendant complies with that order, we cannot decide the motion. Present—Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.