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People v. McBride

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Nov 1, 2011
2011 N.Y. Slip Op. 88567 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-06527 Ind. No. 10335/08 M128305

11-01-2011

The People, etc., respondent, v. David McBride, appellant.


, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered February 24, 2011, 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 an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), by filing an affidavit on that issue with the Clerk of this Court on or before December 2, 2011; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; 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 his last known place of residence, or, if he is imprisoned, at the institution in which he is confined, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SKELOS, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court


Summaries of

People v. McBride

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Nov 1, 2011
2011 N.Y. Slip Op. 88567 (N.Y. App. Div. 2011)
Case details for

People v. McBride

Case Details

Full title:The People, etc., respondent, v. David McBride, appellant.

Court:Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Nov 1, 2011

Citations

2011 N.Y. Slip Op. 88567 (N.Y. App. Div. 2011)