People v Cindy Soto De Chapman 2750N/15 .

Motion No: M-5040

Slip Opinion No: 2016 NYSlipOp 96060(U)

Decided on December 15, 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 15, 2016

The People of the State of New York,

Respondent,

v

Cindy Soto De Chapman, 2750N/15

Defendant-Appellant.

Defendant having moved for an enlargement of time in which to file a notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about January 4, 2016, for leave to prosecute the appeal as a poor person, upon the original record and upon a reproduced appellant's brief, and for assignment of counsel, 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 granted only to the extent of deeming the notice of appeal timely filed. The motion, insofar as it seeks poor person relief is denied, with leave to renew upon defendant's submission of a notarized affidavit, in compliance with CPLR 1101(a), setting forth the terms of defendant's retainer agreement with trial counsel, Geoffrey Stewart, Esq., as well as the amount and sources of funds for trial counsel's fee and an explanation as to why similar funds are not available to prosecute this appeal. (The application shall include an affidavit of the source[s] of

all funds utilized by defendant.) ENTERED: December 15, 2016 _______________________CLERK

PRESENT - Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Karla Moskowitz Paul G. Feinman Marcy L. Kahn, Justices

M-5040

Ind. Nos. 1831/15