People v Thomas McKelvey .

Motion No: M-1548

Slip Opinion No: 2020 NYSlipOp 68502(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

Thomas McKelvey,

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 January 9, 2020, 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, facts sufficient to establish defendant's indigence. ENTERED: JULY 16, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli,Justices

M-1548

Ind. No. 2907/18