People v Ricardo Garcia .

Motion No: M-1195

Slip Opinion No: 2020 NYSlipOp 67632(U)

Decided on June 25, 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.

June 25, 2020

The People of the State of New York,

Respondent,

v

Ricardo Garcia,

Defendant-Appellant.

Defendant having moved for an order deeming the moving papers a timely filed notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about September 3, 2019, and for leave to prosecute said 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, in compliance with CPLR 1101(a), and 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, his indigency, as well as the terms of defendant's retainer agreement with trial counsel, the amount and sources of funds utilized to pay trial counsel's fee, and 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: June 25, 2020

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern Jeffrey K. Oing, Justices

M-1195

Ind. No. 323/19