Opinion
KA 13-00267 Indictment No: 91-0483-001
04-03-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL JONES, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved for permission to proceed as a poor person and assignment of counsel for an appeal from the memorandum and order of Supreme Court, Erie County, dated January 9, 2013,
Now, upon reading and filing the affidavit of Daniel Jones sworn to January 27, 2013, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Because defendant's contentions arise out of a criminal proceeding, the Criminal Procedure Law governs (see CPL 1.10 [1][a]). There is no statutory authority, by right or by permission, to appeal to this Court from such an order. Absent such a statute, the order of Supreme Court is not appealable (see generally People v Laing, 79 NY2d 166, 170 [1992]), and defendant is not entitled to poor person relief.
Frances E. Cafarell, Clerk