People v Index No. 451315/18 Cynthia Brann Commissioner New York

Motion No: M-3677

Slip Opinion No: 2018 NYSlipOp 85276(U)

Decided on October 4, 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.

October 4, 2018

The People of the State of New York

ex rel. Alma Magana, Esq., on behalf

of Devin Cummings,

Petitioner-Appellant,

v

Index No. 451315/18

Cynthia Brann, Commissioner, New York

City Department of Correction,

Respondent-Respondent.

The above-named petitioner having moved for leave to prosecute as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about July 13, 2018 denying petitioner's writ of habeas corpus, a bail reduction to an appropriate amount and form, to expedite the appeal, 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 that branch of the motion seeking poor person relief is denied, with leave to renew, upon submission of a detailed notarized affidavit in compliance with CPLR 1101(a), setting forth petitioner's indigency, and a statement of facts so as to ascertain the merits of the contentions, and that the branch of the motion seeking to expedite the appeal is denied, with leave to renew, upon perfection of the appeal, and It is further ordered, that the branch of the motion seeking a reduction in bail is hereby denied. ENTERED: October 4, 2018

_____________________ CLERK

Present: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-3677

Ind. No. 4349/17