People v Roberto Calel Chumil

Motion No: M-4658

Slip Opinion No: 2016 NYSlipOp 95899(U)

Decided on December 6, 2016

Appellate Division, First 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.

December 6, 2016

The People of the State of New York,

Respondent,

v

Roberto Calel Chumil,

Defendant-Appellant.

Defendant having moved for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, New York County, rendered on or about March 17, 2016, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, 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 detailed notarized affidavit, pursuant to CPLR 1101(a), setting forth facts sufficient to establish that defendant has no funds or assets with which to prosecute the appeal, including the amount and sources of his income and listing his property with its value, and an explanation why similar funds are not available to prosecute this appeal. ENTERED: December 6, 2016

_____________________ CLERK

PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, David B. Saxe Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices

M-4658

Ind. No. 3330/14