Opinion
2021-75386 Motion 2021-03540
12-02-2021
The People of the State of New York, Respondent, v. Silvio Rafael Aristy, Defendant-Appellant. Ind. No. 1291N/19 No. 2021-03815
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, Jeffrey K. Oing Anil C. Singh Lizbeth González Julio Rodriguez III, Justices.
Defendant having moved, pro se, for an extension of time in which to file an untimely notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about June 09, 2021, for leave to prosecute the appeal as a poor person, for the assignment of counsel, 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 moving papers a timely filed notice of appeal. That branch of the motion seeking leave to prosecute the appeal as a poor person is denied, with leave to renew, upon defendant's submission of a detailed, notarized affidavit, in compliance with CPLR 1101 and 22 NYCRR 1250.4(d)(1) and (4), setting forth defendant's indigency, and the amount and sources of funds used to retain trial counsel, Telesdforo Del Valle, Jr., Esq., in Supreme Court, and an explanation as to why similar funds are not available to prosecute this appeal.