People v James Burrell

Motion No: M-6247

Slip Opinion No: 2019 NYSlipOp 65049(U)

Decided on March 12, 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 12, 2019

The People of the State of New York,

Respondent,

v

James Burrell,

Defendant-Appellant.

Defendant having moved, pro se, to have his affidavit dated January 9, 2018 deemed a notice of appeal and 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 February 27, 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 granted to the extent of deeming the aforementioned affidavit a timely filed notice of appeal. The poor person's relief requested is denied, with leave to renew, upon an affidavit of service on the District Attorney's office. ENTERED: March 12, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Peter Tom Angela M. Mazzarelli, Justices

M-6247

Ind. No. 1063/17