Opinion
Motion No. 2023-09944 Ind. No. 70022/2016
05-17-2024
The People, etc., respondent, v. Anthony H. Baptiste, appellant.
Unpublished Opinion
MOTION DECISION
M296424
FRANCESCA E. CONNOLLY, J.P., LARA J. GENOVESI, BARRY E. WARHIT, LILLIAN WAN, JJ.
ORDER TO SHOW CAUSE
Appeal from a resentence of the County Court, Suffolk County, rendered August 4, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the resentence was untimely (see CPL 460.30), by uploading an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before June 17, 2024, or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed; and it is further, ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:
Steven A. Feldman
1129 Northern Blvd., Ste. 404
Manhasset, NY 11030
and it is further,
ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further, ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at the appellant's last known place of residence, or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.