| THE PEOPLE V HENRY JIMENEZ |
| Motion No: KA 15-01902 |
| Slip Opinion No: 2016 NY Slip Op 93705(U) |
| Decided on December 7, 2016 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 15-01902
Indictment No: 462-10
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V HENRY JIMENEZ,
DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken from an order of the Jefferson County Court, dated September 24, 2015,
Now, upon reading and filing the affirmation of Patrick J. Brackley, Esq. dated November 10, 2016, the affidavit of Henry Jimenez sworn to August 23, 2016, the notice of motion with proof of due service thereof, the affidavit of John L. Sabik, Esq. sworn to November 14, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon the filing and serving of a motion which contains proof that the notice of appeal dated February 6, 2016 was timely filed (see CPL 460.30).
Entered: December 7, 2016
Frances E. Cafarell, Clerk