Opinion
Motion No: M-7159
10-17-2019
The People of the State of New York, Respondent, v. Julio Diaz, Defendant-Appellant.
CONFIDENTIAL
Defendant having moved for an order deeming the notice of motion a timely filed notice of appeal, or in the alternative, for an enlargement of time in which to file a late notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about February 4, 2019, and for poor person relief, including leave to have the appeal heard 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 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, his indigency, including facts sufficient to establish that defendant has no funds or assets with which to prosecute the appeal, the amount and sources of his income and a list of his property with its value.
ENTERED: October 17, 2019
__________ CLERK
Present - Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Angela M. Mazzarelli Troy K. Webber, Justices
M-7159
Ind. No. 3267/16