People v Tyrone Smith

Motion No: M-4049

Slip Opinion No: 2018 NYSlipOp 86372(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

Tyrone Smith,

Defendant-Appellant.

Defendant having moved for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, New York County, rendered on or about September 21, 2017, 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 denied, with leave to renew upon petitioner-appellant's submission of a detailed notarized affidavit, in compliance with CPLR 1101(a) and 22 NYCRR 1250.4(d)(1) and (4), including a statement of facts to show his indigency, 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-4049

Ind. No. 1229/16