People v George M. .

Motion No: M-2133

Slip Opinion No: 2018 NYSlipOp 76755(U)

Decided on July 5, 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.

July 5, 2018

The People of the State of New York,

Respondent,

SEALED

v

George M.,

Defendant-Appellant.

Defendant having moved for an enlargment of time to file

a late notice of appeal and for leave to prosecute, as a poor person, the appeal from a judgment of the Supreme Court, New York County, rendered on or about November 9, 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 granted only to the extent of deeming the moving papers as a timely filed notice of appeal; That branch of the motion which seeks poor person relief

is denied, with leave to renew, upon defendant's submission of

a detailed 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; listing his property with its value; and an explanation why similar funds are not available to prosecute this appeal. ENTERED: July 5, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Peter H. Moulton, Justices

M-2133

Ind. No. 3425/16