Opinion
Motion No: M-1197A
07-02-2020
Defendant having moved for leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about December 12, 2019, 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 the motion is 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, as well as the terms of defendant's retainer agreement with trial counsel, the amount and sources of funds utilized for trial counsel's fee, and an explanation as to why similar funds are not available to prosecute this appeal. The order of this Court entered June 11, 2020 (M-1197), granting poor person relief and assigning Robert S. Dean, Esq., Center for Appellate Litigation, as counsel for defendant, is hereby recalled and vacated.
ENTERED: July 2, 2020
__________ CLERK
Present - Hon. David Friedman, Justice Presiding, Angela M. Mazzarelli Ellen Gesmer Anil C. Singh Lizbeth GonzÁlez, Justices
M-1197A
Ind. No. 2711/18