People v Jose S.

Motion No: M-3358

Slip Opinion No: 2017 NYSlipOp 88021(U)

Decided on October 5, 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.

October 5, 2017

The People of the State of New York,

Respondent,

v

SEALED

Jose S., Defendant-Appellant.

Defendant 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 July 29, 2016, as amended

on August 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 submission by defendant of a notarized affidavit setting forth his indigency in compliance with CPLR 1101, including the amount and source of funds used to retain counsel Jon M. Silveri, Esq., as trial counsel, and an explanation of

why similar funds are not available for the costs of the appeal. ENTERED: October 5, 2017

_____________________ CLERK

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

M-3358

Ind. No. 1274/12