People v David Hernandez

Motion No: M-484

Slip Opinion No: 2019 NYSlipOp 71985(U)

Decided on June 6, 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.

June 6, 2019

The People of the State of New York,

Respondent,

v

David Hernandez,

Defendant-Appellant.

Defendant having moved for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, New York County, rendered on or about July 3, 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 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, inter alia, the terms of defendant's retainer agreement with trial counsel, Dawn Florio, Esq., 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: June 6, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Jeffrey K. Oing Peter H. Moulton, Justices

M-484

Ind. No. 4749/15