People v Kushan Hunter .

Motion No: M-2763

Slip Opinion No: 2018 NYSlipOp 79303(U)

Decided on August 2, 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.

August 2, 2018

The People of the State of New York,

Respondent,

v

Kushan Hunter,

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 March 27, 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 notice of appeal as timely filed. 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, in compliance with CPLR 1101, setting forth defendant's indigency, the terms of defendant's retainer agreement with trial counsel, including the amount and sources of funds for trial counsel's fee, and an explanation as to why

similar funds are not available to prosecute this appeal. (The application shall include an affidavit of the source[s] of all funds utilized by defendant.) ENTERED: August 2, 2018

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding,Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Richard T. Andrias, Justices

M-2763

Ind. No. 5159/15