Opinion
Motion No. 2024-04842 Ind. No. 71044/23Case No. 2024-06049
11-26-2024
The People of the State of New York, Respondent, v. Juan DeJesus, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Justice Presiding, Barbara R. Kapnick Ellen Gesmer Tanya R. Kennedy Kelly O'Neill Levy, Justices.
Defendant-appellant having moved to deem the moving papers herein a timely filed notice of appeal, or, in the alternative, for an order granting defendant permission to file an untimely notice of appeal from a judgment of the Supreme Court, New York County, rendered on or about December 14, 2023, for leave to prosecute the appeal as a poor person and 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, and otherwise denied, with leave to renew, upon defendant's submission of a notarized affidavit, in compliance with CPLR 1101(a) and 22 NYCRR 12504(d)(1) and (4), setting forth the source of funds used to retain trial counsel, and an explanation as to why similar funds are not available to prosecute this appeal.