People v Jose A. Carrasco also known as Ruiz Jose A. Carrasco

Motion No: M-6186

Slip Opinion No: 2018 NYSlipOp 64097(U)

Decided on February 15, 2018

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 15, 2018

The People of the State of New York,

Respondent,

v

Jose A. Carrasco, also known as

Ruiz Jose A. Carrasco,

Defendant-Appellant.

An order of this Court having been entered on October 2, 2012 (M-3356), denying defendant's motion to deem the moving papers as a timely filed notice of appeal, for poor person

relief and assignment of counsel, And defendant having moved for reconsideration of the aforesaid order of this Court, 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 notice of appeal timely served, and is otherwise denied, with leave to renew, upon submission of an affidavit, signed by defendant and notarized, setting forth his indigency

in compliance with CPLR 1101, and among other things, stating whether his trial counsel was retained, and if so, setting forth an explanation as to why funds similar to those used to retain counsel in the lower Court are not available to pursue this appeal. ENTERED: February 15, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Judith J. Gische Peter Tom, Justices

M-6186

Ind. No. 2742/03