Opinion
Motion No: M-4004
09-12-2017
The People of the State of New York, Respondent, v. Carlos Reyes, Defendant-Appellant.
Defendant having moved for an enlargement of time in which to file a notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about January 4, 2017, for leave to prosecute the appeal as a poor person, 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 granted only to the extent of deeming the moving papers a timely filed notice of appeal. The motion, to the extent that it seeks poor person relief, is denied, with leave to renew, upon defendant's submission of a notarized affidavit, in compliance with CPLR 1101, setting forth the terms of defendant's retainer agreement with trial counsel, Peter M. Frankel, Esq., as well as the amount and source[s] of funds for trial counsel's fee, the source[s] of funds used to post $100,000 bail, and an explanation as to why similar funds are not available to prosecute this appeal. (The application shall include an affidavit of the source[s] of all funds utilized by defendant.
ENTERED: September 12, 2017
_____________________ CLERK
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices
M-4004
Ind. No. 4943N/14