People v SCI. No. 3197/19 Christopher Barnes

Motion No: M-1233

Slip Opinion No: 2020 NYSlipOp 68496(U)

Decided on July 16, 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.

July 16, 2020

The People of the State of New York,

Respondent,

v

SCI. No. 3197/19

Christopher Barnes,

Defendant-Appellant.

Defendant having moved for an extension 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 14, 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 detailed notarized affidavit, pursuant to CPLR 1101(a) and 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, defendant's indigency and facts sufficient to establish that defendant has no funds or assets with which to prosecute the appeal.ENTERED: JULY 16, 2020

_____________________ CLERK

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

M-1233