People v Raimundo Batista .

Motion No: M-646

Slip Opinion No: 2020 NYSlipOp 65801(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

Raimundo Batista,

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 January 23, 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 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 the amount and sources of funds utilized to post bail in the Supreme Court, the disposition thereof, 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-646

Ind. No. 4279/17