People v Raymond Johnson .

Motion No: M-2998

Slip Opinion No: 2019 NYSlipOp 80561(U)

Decided on October 1, 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.

October 1, 2019

The People of the State of New York,

Respondent,

CONFIDENTIAL

v

Raymond Johnson,

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, Bronx County, rendered on or about December 20, 2016, or, in the alternative, for a writ of error coram nobis, and for poor person relief and assigned counsel, 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 moving papers a timely filed notice of appeal. The motion, to the extent that it seeks poor person relief, is denied, with leave to renew, upon defendant's submission of a notarized affidavit, pursuant to CPLR 1101(a) and 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, his indigency and facts sufficient to establish that defendant has no funds or assets with which to prosecute the appeal. ENTERED: October 1, 2019

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-2998

Ind. No. 344/16