People v Adiel Peguero .

Motion No: M-2526

Slip Opinion No: 2018 NYSlipOp 78624(U)

Decided on July 26, 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 26, 2018

The People of the State of New York,

Respondent,

v

Adiel Peguero,

Defendant-Appellant.

Defendant having moved for an enlargement of time in which to file a notice of appeal from a judgment of the Supreme Court, New York County, rendered on or about June 30, 2017, and for leave to prosecute as a poor person on the original record and typewritten briefs and for assignment of counsel, 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 to the extent of

deeming the moving papers as a timely filed notice of appeal, and otherwise denied, with leave to renew, upon defendant's submission of a detailed notarized affidavit setting forth his indigency, in compliance with CPLR 1101, setting forth the amount and sources of funds used to retain trial counsel, Virginia Alvarez, Esq., and an explanation as to why similar funds are not available to prosecute this appeal. The application shall include an affidavit setting forth the source[s] of all funds utilized by defendant. ENTERED: July 26, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices

M-2526

Ind. No. 1036/16