People v. Polanco

Full title: The People, etc., respondent, v. Joan Polanco, appellant.

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

Date published: Aug 2, 2011

Motion No: 2011-03446 (N.Y. App. Div. Aug. 2, 2011)

Opinion

Motion No: 2011-03446 Ind. No. 09-00645 M123705

08-02-2011

The People, etc., respondent, v. Joan Polanco, appellant.

MARK C. DILLON

, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered June 29, 2010, as a poor person, and for the assignment of counsel. By order to show cause dated June 28, 2011, the appellant was 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), the appellant did not move for leave to file a late notice of appeal, and the appellant waived his right to appeal, and the motion was held in abeyance in the interim.

Now, on the Court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed; and it is further

ORDERED that the motion for poor person relief is denied as academic.

DILLON, J.P., CHAMBERS, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court