People v Juan Zubiaga Baez .

Motion No: M-614

Slip Opinion No: 2020 NYSlipOp 65800(U)

Decided on April 30, 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.

April 30, 2020

The People of the State of New York,

Respondent,

v

Juan Zubiaga Baez,

Defendant-Appellant.

Defendant having moved for an enlargement of time in which to file a notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about November 12, 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 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, in compliance with CPLR 1101(a), and 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, his indigency and the terms of defendant's retainer agreement with trial counsel, 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: APRIL 30, 2020

_____________________ CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding, Ellen Gesmer Jeffrey K. Oing Peter H. Moulton, Justices

M-614

Ind. No. 4883/17