Opinion
Motion No: 2011-00180 2012-01530 Ind. No. 1821/06 M134074
03-12-2012
The People, etc., respondent, v. Daniel Rodriguez, appellant.
, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
ORDER TO SHOW CAUSE
Motion by the appellant for leave to prosecute appeals from a judgment of the Supreme Court, Queens County, rendered September 25, 2007, and an execution of sentence of the same court imposed March 2, 2010, 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 appeal from the execution of sentence (Appellate Division Docket No. 2012-01530) is dismissed as no appeal lies from an execution of sentence (see People v Crawford, 239 AD2d 514); and it is further,
ORDERED that the branches of the appellant's motion which are for poor person relief and the assignment of counsel with respect to the appeal from the execution of sentence are denied as academic; and it is further,
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 judgment (Appellate Division Docket No. 2011-00180) on the ground that the appeal was untimely taken (see CPL 460.10[1][a], 460.30), by filing an affidavit on that issue with the Clerk of this Court on or before April 12, 2012; and it is further,
ORDERED that the branches of the appellant's motion which are for poor person relief and the assignment of counsel with respect to the appeal from the judgment are held in abeyance in the interim; 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 his last known place of residence, or, if he is imprisoned, at the institution in which he is confined, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
RIVERA, J.P., LEVENTHAL, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court