People v Felix Rodriguez also known as Jose5678N/04 Brio also known as Jose Brito alsoSCI No. 45N/02

Motion No: M-3327

Slip Opinion No: 2017 NYSlipOp 84134(U)

Decided on August 29, 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 29, 2017

The People of the State of New York,

Respondent,

v

Felix Rodriguez, also known as Jose5678N/04

Brio, also known as Jose Brito, alsoSCI No. 45N/02

known as Briu Jiminez,

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 February 22, 2017, for leave to prosecute the appeal as a poor person, 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 granted only to the extent of deeming the moving papers a timely filed notice of appeal. The motion, to the extent that it seeks poor person relief, is denied, with leave to renew, upon defendant's submission of a notarized affidavit, pursuant to CPLR 1101, 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. (The application shall include an affidavit of the source[s] of all funds utilized by defendant.) ENTERED: August 29, 2017

_____________________ DEPUTY CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3327

Ind. Nos. 8592/89