People v. Marte

Full title: The People, etc., respondent, v. Diony Marte, appellant.

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

Date published: Aug 14, 2012

2012 N.Y. Slip Op. 81464 (N.Y. App. Div. 2012)

Opinion

2012-03357 Ind. No. 10750/09 M142023

08-14-2012

The People, etc., respondent, v. Diony Marte, appellant.

RUTH C. BALKIN

, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 13, 2011, as a poor person, and for the assignment of counsel. By order to show cause dated June 29, 2012, the parties or their attorneys were 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, 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 motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted (see CPL 460.10[1][a], 460.30); and it is further,

ORDERED that the appellant's motion is denied as academic.

BALKIN, J.P., BELEN, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court