People v Marianela Del Carmen Diaz .

Motion No: M-1837

Slip Opinion No: 2020 NYSlipOp 70187(U)

Decided on August 20, 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.

August 20, 2020

The People of the State of New York,

Respondent,

v

Marianela Del Carmen Diaz,

Defendant-Appellant.

Defendant-appellant having moved for an extension of time in which to file a notice of appeal from a judgment of the Supreme Court, New York County, rendered on or about February 14, 2019, for leave to prosecute the appeal as a poor person upon the original record and 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 motion papers as a timely filed notice of appeal and

is otherwise 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 as well as facts sufficient to establish that defendant has no funds or assets with which to prosecute this appeal. ENTERED: August 20, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Angela M. Mazzarelli, Justices

M-1837

Ind. No. 4857/16