| People v Hayward, David |
| Motion No: 2006-01379 |
| Slip Opinion No: 2006 NYSlipOp 68498(U) |
| Decided on May 10, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M39477
S/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2006-01379 The People, etc., respondent, v David Hayward, appellant. (Ind. No. 7761/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 18, 2005, as a poor person, and for the assignment of counsel. By order to show cause dated April 7, 2006, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal, and the motion for leave to proceed as a poor person was held in abeyance in the interim.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed; and it is further,
ORDERED that the motion is denied as academic.
CRANE, J.P., MASTRO, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court