People v Jose Villar .

Motion No: M-1294

Slip Opinion No: 2019 NYSlipOp 71050(U)

Decided on May 23, 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.

May 23, 2019

The People of the State of New York,

Respondent,

v

Jose Villar,

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 January 17, 2019, 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, in compliance with CPLR 1101 and 22 NYCRR 1250.4(d)(1) and (4), setting forth his indigency and the terms, amount and source of defendant's retainer agreement with trial counsel, 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: May 23, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Troy K. Webber Anil C. Singh,Justices

M-1294

Ind. No. 2398/17