Appellate Division: Second Judicial Department

M50320

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A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2006-00943 The People, etc., respondent, v Carlos L. Ledee, appellant. (Ind. No. 1526-98)

ORDER TO SHOW CAUSE

Appeal by Carlos L. Ledee from a purported resentence of the County Court, Suffolk County, imposed December 22, 2005. The appellant perfected his appeal on January 19, 2007. The respondent filed its brief on January 24, 2007.

Now, on the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the purported resentence is not appealable by right or by permission (see CPL 450.10; 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before February 23, 2007; 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, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court