Opinion
Motion No. 2022-06384 Ind. No. 5650/2011
11-03-2023
The People, etc., respondent, v. Roger Thomas, appellant.
Unpublished Opinion
MOTION DECISION
M292028
FRANCESCA E. CONNOLLY, J.P., ROBERT J. MILLER, LARA J. GENOVESI, DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated June 23, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated April 19, 2023, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15), and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed without costs and disbursements; and it is further, ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.
CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.