People v 3381/16 Nigel Clark

Motion No: M-5750

Slip Opinion No: 2019 NYSlipOp 61868(U)

Decided on January 31, 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 31, 2019

The People of the State of New York,

Respondent,

v

3381/16

Nigel Clark,

Defendant-Appellant.

Defendant 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 April 3, 2018, for leave to have the appeal heard upon the original record and 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 the submission of a detailed notarized affidavit, in compliance with CPLR 1101(a) and 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, the terms of defendant's retainer agreement with trial counsel, 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. ENTERED: January 31, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-5750

Ind. Nos. 2607/16