Opinion
Motion No: M-3104
08-13-2019
The People of the State of New York, Respondent, Confidential v. Phillip Santo Feliciano, Defendant-Appellant.
Defendant having moved to file a late notice of appeal and for leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about February 28, 2018, for leave 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 that branch of the motion seeking leave to file a late notice of appeal is denied as unnecessary given that pro se defendant filed a timely notice of appeal on March 27, 2018. It is further ordered that that branch of the motion seeking leave to appeal as a poor person 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 facts sufficient to establish his indigency and that defendant has no funds or assets with which to prosecute the appeal. The time to perfect the appeal is enlarged to the February 2020 Term.
ENTERED: August 13, 2019
__________ CLERK
Present - Hon. Judith J. Gische, Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices
M-3104
Ind. No. 1391/16