Appellate Division: Second Judicial Department

M47241

S/sl

THOMAS A. ADAMS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-04055 The People, etc., respondent, Glenn Mendoza, appellant. (Ind. No. 1683/01)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to prosecute an appeal from a purported judgment of the Supreme Court, Queens County, rendered April 3, 2006, as a poor person and for the assignment of counsel. By order to show cause dated October 19 2006, the appellant was directed to show cause before this court, why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered September 18, 2002, to be brought to execution (see People v Crawford, 239 AD2d 514)

Upon the papers filed in support of the motion for poor person relief, the papers filed in support of the order to show cause, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed (see People v Crawford, 239 AD2d 514); and it is further

ORDERED that the motion for poor person relief is denied.

ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court