v Tomas Cabrera .

Motion No: M-5337

Slip Opinion No: 2017 NYSlipOp 63592(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

Tomas Cabrera,

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 16, 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 the amount and sources of funds utilized to pay the fee of trial counsel, and to post the $100,000 bail in the Supreme Court, the disposition thereof, and an explanation as to why similar funds are not available to prosecute the 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, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Barbara R. Kapnick,Justices

M-5337

Ind. No. 3707/13