People v Carleto A. 3238/11 .

Motion No: M-6496

Slip Opinion No: 2019 NYSlipOp 67127(U)

Decided on April 4, 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.

April 4, 2019

The People of the State of New York,

Respondent,

SEALED

v

Carleto A., 3238/11

Defendant-Appellant.

Defendant-appellant having moved for an enlargement of time in which to file a notice of appeal from the judgment of the Supreme Court, Bronx County, rendered on or about March 22, 2018, for leave to prosecute the appeal as a poor person, 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 only to the extent of deeming the notice of appeal as timely filed. The motion is otherwise denied, with leave to renew, upon defendant's submission of a detailed notarized affidavit, in compliance with CPLR 1101(a), and 22 NYCRR 1250.4(d)(1) and (4) setting forth his indigency and the amount and sources of funds used to retain trial counsel, Patrick Watts, Esq., and an explanation as to why similar funds are not available to prosecute this appeal. ENTERED: April 4, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Peter Tom Marcy L. Kahn Jeffrey K. Oing Anil C. Singh, Justices

M-6496

Ind. Nos. 234/15