People v Reynaldo Andino .

Motion No: M-6043

Slip Opinion No: 2019 NYSlipOp 64752(U)

Decided on March 7, 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.

March 7, 2019

The People of the State of New York,

Respondent,

v

Reynaldo Andino,

Defendant-Appellant.

Defendant having moved for an enlargement of time in which to file a notice of appeal from a judgment of the Supreme Court, New York County, rendered on or about February 27, 2018, for leave to prosecute the aforesaid appeal as a poor person, 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 granted to the extent of deeming the notice of appeal as timely filed. So much of the motion seeking poor person relief is denied, with leave to renew upon defendant's submission of a detailed notarized affidavit, pursuant to CPLR 1101 and 22 NYCRR 1250.4(d)(1) and (4), setting forth the defendant's indigency, the amount and sources of monies used to post the $20,000 bail in the Supreme Court, the disposition of those funds, 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: March 7, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Peter Tom Jeffrey K. Oing Anil C. Singh, Justices

M-6043

Ind. No. 1029/17