Opinion
2013-01197 Ind. No. 1335/83 M153920
04-02-2013
The People, etc., respondent, v. Rafael Diaz, appellant.
, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
ORDER TO SHOW CAUSE
Appeal by Rafael Diaz from an order of the Supreme Court, Queens County, dated January 14, 2013.
On the Court's own motion, it is
ORDERED that 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 order dated January 14, 2013, is not appealable by right (see CPL 450.10; 450.15), and leave to appeal has not been granted, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 30, 2013; and it is further,
ORDERED that the Clerk of this Court or her 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 attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court