Opinion
Motion No: 2004-00153 Ind. No. 2698/02 M134464
03-08-2012
The People, etc., respondent, v. Nwakanma Ochei, appellant.
, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
DECISION & ORDER ON MOTION
Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered December 17, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. By order to show cause dated May 10, 2011, 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 he had abandoned the appeal.
Upon the order to show cause and no papers having been 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 and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,
ORDERED that the motion by the appellant for poor person relief and the assignment of counsel is denied as academic.
SKELOS, J.P., DICKERSON, ENG and LEVENTHAL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court