Opinion
Motion No: M-668
04-18-2019
The People of the State of New York, Respondent, v. Aubrey Carter, 48/18 Defendant-Appellant. 3451/17
Defendant having moved for an enlargement 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 27, 2018, for leave to prosecute the appeal as a poor person, to have the appeal heard 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 to the extent of deeming the notice of appeal as timely filed. The motion is otherwise denied, with leave to renew upon defendant's submission of a detailed notarized affidavit, in compliance with CPLR 1101(a), and 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, his indigency, the terms of defendant's retainer agreement with trial counsel, the amount and sources of funds for trial counsel's fee, and an explanation as to why similar funds are not available to prosecute this appeal.
ENTERED: April 18, 2019
_____________________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice, Sallie Manzanet-Daniels Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing, Justices
M-668
Ind. Nos. 2366/18