Opinion
2013-01824 Ind. No. 09-00592 M158315
06-24-2013
The People, etc., respondent, v. Patrick J. Deesenavas, appellant.
, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered June 15, 2010, as a poor person, and for the assignment of counsel. By order to show cause dated May 9, 2013, 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), and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed; and it is further,
ORDERED that the appellant's motion is denied as academic.
DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court