Opinion
2015-03885 2016-03277
05-27-2016
The People, etc., respondent, v. Clarence A. Robinson, appellant.
M212204
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
(Ind. No. 15-00024)
ORDER TO SHOW CAUSE
Motion by the appellant pro se on appeals from a judgment and an amended judgment of the County Court, Orange County, rendered April 22, 2015, and October 14, 2015, respectively, for leave to prosecute the appeals 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 from the amended judgment on the ground that the notice of appeal from the amended 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 for an extension of time to take the appeal from the amended judgment, on or before July 25, 2016; and it is further,
ORDERED that the appellant's motion is held in abeyance in the interim; 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 with respect to the appeal from the amended judgment:
Richard L. Herzfeld, Esq.
112 Madison Avenue, 8th Floor
New York, NY 10016
and it is further,
ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are 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)
LEVENTHAL, J.P., DICKERSON, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
15-A-4285
Gowanda Corr. Fac.
P.O. Box 350
Gowanda, NY 14070