Opinion
Motion No: 2015-01899 DCR
11-27-2015
The People of the State of New York, Respondent, v. Keith T. Cox, Appellant.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Poughkeepsie, Dutchess County, rendered May 11, 2015, as a poor person, and for the assignment of counsel. The notice of appeal was filed on June 19, 2015. An amended notice of appeal was filed on June 23, 2015. By order to show cause dated October 26, 2015, the parties were directed to show cause before this court why the above-entitled 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.
Upon the order to show cause and no papers having been filed in response thereto, and on the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as untimely; and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk