People v Angel Garcia

Motion No: M-5130

Slip Opinion No: 2019 NYSlipOp 60963(U)

Decided on January 17, 2019

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.

January 17, 2019

The People of the State of New York,

Respondent,

v

Angel Garcia,

Defendant-Appellant.

Defendant 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 May 3, 2018, 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 defendant's submission of a detailed notarized affidavit setting forth his indigency, in compliance with CPLR 1101(a) and 22 NYCRR 1250.4(d)(1)and(4), the terms of defendant's retainer agreement with trial counsel, Dawn M. Florio, Esq., 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: January 17, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Dianne T. Renwick Angela M. Mazzarelli Ellen Gesmer Anil C. Singh,Justices

M-5130

Ind. No. 2828/15