v Joe Herring

Motion No: M-4046

Slip Opinion No: 2018 NYSlipOp 86371(U)

Decided on October 18, 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 18, 2018

The People of the State of New York,

Respondent,

v

Joe Herring,

Defendant-Appellant.

Defendant-appellant having moved for leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about September 19, 2017, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, for the assignment of counsel, 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 denied, with leave to renew upon defendant's submission of a detailed notarized affidavit establishing his indigency, in compliance with CPLR 1101(a) and 22 NYCRR 1250.4(d)(1) and (4), including a statement of facts to show the merit of his contentions, as well as a statement

detailing the amount and sources of his income and listing his property with its value. ENTERED: October 18, 2018

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing, Justices

M-4046

Ind. No. 371/17