People v Olvin Vargas .

Motion No: M-2227

Slip Opinion No: 2020 NYSlipOp 71318(U)

Decided on September 10, 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.

September 10, 2020

The People of the State of New York,

Respondent,

v

Olvin Vargas,

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 December 18, 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, his indigency, the source of funds utilized for bail and why such

funds are not available to prosecute this appeal, as well as facts sufficient to establish that defendant has no other funds or assets with which to prosecute the appeal. ENTERED: September 10, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2227

Ind. No. 2576/18