Opinion
Motion No: M-3240
08-27-2019
The People of the State of New York, Respondent, v. Emily Lopez, Defendant-Appellant.
Defendant having moved, pursuant to CPL 460.30, for an order deeming the moving papers a timely filed notice of appeal, or in the alternative, for leave to file a late notice of appeal from a judgment of the Supreme Court, New York County, rendered on or about September 21, 2018, for leave to prosecute the appeal as a poor person 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 notice of motion a timely filed notice of appeal. 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, inter alia, defendant's indigency, and the amount and sources of funds utilized to post bail, or bond, in the Supreme Court, the disposition thereof, and an explanation as to why similar funds are not available to prosecute the appeal.
ENTERED: AUGUST 27, 2019
__________ DEPUTY CLERK
Present - Hon. Judith J. Gische, Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices
M-3240
Ind. No. 2395/16