People v Van Brooks

Motion No: M-5334

Slip Opinion No: 2017 NYSlipOp 63588(U)

Decided on February 7, 2017

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.

February 7, 2017

The People of the State of New York,

Respondent,

v

Van Brooks,

Defendant-Appellant.

Defendant-appellant having moved for leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, Bronx County, rendered on or about March 10, 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, in compliance with CPLR 1101(a), setting forth his indigency and the terms of defendant's retainer agreement with trial counsel, 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: February 7, 2017

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Barbara R. Kapnick, Justices

M-5334

Ind. No. 2317/14