People v Oscar Gutierrez .

Motion No: M-8768

Slip Opinion No: 2020 NYSlipOp 62561(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

Oscar Gutierrez,

Defendant-Appellant.

Defendant having moved, pro-se, 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 November 14, 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, pursuant to CPLR 1101 and 22NYCRR 1250.4(d)(1)and (4), setting forth his indigency and detailing the amount and sources of funds utilized to pay his trial counsel, Barry Weinstein, Esq., 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 Cynthia S. Kern Jeffrey K. Oing, Justices

M-8768

Ind. No. 3723/17