People v Reinaldo Herrera .

Motion No: M-2774

Slip Opinion No: 2017 NYSlipOp 81334(U)

Decided on August 1, 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.

August 1, 2017

The People of the State of New York,

Respondent,

v

Reinaldo Herrera,

Defendant-Appellant.

Defendant, through retained counsel Edgar Fankenbonner, Esq., having moved for leave to prosecute, as a poor person,

the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about September 22, 2016, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other 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 submission of a detailed notarized affidavit, pursuant to CPLR 1101, setting forth his indigency, including the amount and sources of funds to retain counsel, Luis O Diaz, Esq., and retained appellate counsel Edgar Fankenbonner, Esq., of the firm Goldberger & Dubin, P.C., 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: August 1, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Rosalyn H. Richter Troy K. Webber Marcy L. Kahn, Justices

M-2774

Ind. No. 1219N/16