Opinion
2021-08265 Ind. 2907/2008
02-09-2022
The People, etc., respondent, v. Elie Granger, appellant.
M281411 AFA/
ANGELA G. IANNACCI, J.P. REINALDO E. RIVERA PAUL WOOTEN DEBORAH A. DOWLING, JJ.
ORDER TO SHOW CAUSE
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated October 18, 2021. Motion by the appellant pro se for leave to prosecute the appeal as a poor person. Separate motion by the appellant pro se, inter alia, 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 for leave to prosecute the appeal as a poor person and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, for leave to prosecute the appeal as a poor person and for the assignment of counsel and no papers having been filed in opposition or 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 from so much of the order and judgment dated October 18, 2021, as denied the appellant's motion pursuant to CPL 440.10 should not be dismissed on the ground that this portion of the order and judgment is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before March 9, 2022, by ordinary mail; former counsel or the respondent may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before March 9, 2022; and it is further, ORDERED that the motions are held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this Court or her 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 who last appeared for the appellant, and upon the District Attorney, by ordinary mail.
IANNACCI, J.P., RIVERA, WOOTEN and DOWLING, JJ., concur.