Opinion
Motion No: 2013-01964 SCR
01-15-2014
, P.J.
HECTOR D. LaSALLE
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered July 10, 2013, as a poor person, and for the assignment of counsel. The notice of appeal was filed on September 13, 2013. By order to show cause dated October 15, 2013, the parties were directed show cause before this court why the appeal should or should not be dismissed as untimely and appellant had not sought leave to file a late notice of appeal (see CPL 460.10, 460.30), and appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto by respondent, and upon the papers filed in support of appellant's motion, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed; and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk