People v Evette Ortiz .

Motion No: M-26

Slip Opinion No: 2020 NYSlipOp 62555(U)

Decided on February 11, 2020

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.

February 11, 2020

The People of the State of New York,

Respondent,

v

Evette Ortiz,

Defendant-Appellant.

Defendant having moved for an extension of time in which to file an untimely notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about October 17, 2019, 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, 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 22NYCRR 1250.4 (1) and (4), setting forth, inter alia, defendant's indigency and the amount and sources of funds utilized to post bail in the Supreme Court, the disposition of those funds, and an explanation as to why similar funds are not available to prosecute this appeal. ENTERED: February 11, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Anil C. Singh Lizbeth GonzÁlez, Justices

M-26

Ind. No. 4541/18