People v. Ribeiro

Full title: The People, etc., respondent, v. Jose L. Ribeiro, appellant.

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

Date published: May 31, 2016

2016 N.Y. Slip Op. 75113 (N.Y. App. Div. 2016)

Opinion

Motion No: 2016-03091

05-31-2016

The People, etc., respondent, v. Jose L. Ribeiro, appellant.

RUTH C. BALKIN, J.P.

M212195

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

(Ind. No. 15-00259)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 29, 2016, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, 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 notice of appeal from the judgment was untimely (see CPL 460.30), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 25, 2016, or, if so advised, to make a motion pursuant to CPL 460.30, on or before July 25, 2016, for an extension of time to take the appeal; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause or to make the motion pursuant to CPL 460.30:

Paul N. Weber, Esq.

45 Quaker Avenue, Suite 208

Cornwall, NY 12518

and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order to show cause upon the clerk of the court from which the appeal is taken; 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 the appellant's last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

BALKIN, J.P., HALL, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

2015-46-56

Orange County Jail

110 Wells Farm Road

Goshen, NY 10024