People v Adonis Acosta .

Motion No: M-7749

Slip Opinion No: 2019 NYSlipOp 85030(U)

Decided on December 3, 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.

December 3, 2019

The People of the State of New York,

Respondent,

v

Adonis Acosta,

Defendant-Appellant.

Defendant having moved for an extension of time in which to file an untimely notice of appeal from a judgment of the Supreme Court, New York County, rendered on or about June 6, 2019, for leave to prosecute the appeal as a poor person upon the original record and 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 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 detailed notarized affidavit, pursuant to CPLR 1101(a) and 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, facts sufficient to establish that defendant is indigent and has no funds or assets with which to prosecute the appeal, including the amount and sources of his income and a list of his property with its value. ENTERED: DECEMBER 3, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Cynthia S. Kern Peter H. Moulton, Justices

M-7749

Ind. No. 1217N/18