People v. Smith

Full title: The People, etc., respondent, v. Devonte Smith, appellant.

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

Date published: Aug 13, 2012

2012 N.Y. Slip Op. 81250 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-05763 S.C.I. No. 1388/10 M141854

08-13-2012

The People, etc., respondent, v. Devonte Smith, appellant.

RUTH C. BALKIN

DECISION & ORDER ON MOTION

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

Motion by the appellant pro se for leave to file a late notice of appeal from a judgment of the Supreme Court, Westchester County, rendered April 25, 2011, and for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to file a late notice of appeal is denied; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied as academic.

BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court