Appellate Division: Second Judicial Department

M46709

J/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-08554 The People, etc., respondent, v Carry Elder, a/k/a Corey Elder, a/k/a Corey Williams, appellant. (Ind. No. 1789/04)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 29, 2005, as a poor person and for the assignment of counsel.

ORDERED that on the court's own motion, the parties are directed to show cause before this court why an order should or should not be made and 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 by filing an affidavit on that issue with the Clerk of this court on or before December 11, 2006; 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 held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court or his 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 by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

GOLDSTEIN, J.P., SKELOS, LUNN, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court