Appellate Division: Second Judicial Department

M50941

S/sl

WILLIAM F. MASTRO, J.P.

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2005-00686 The People, etc., respondent, v Daquan Norris, appellant. (Ind. No. 8695/02)

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 September 5, 2003, as a poor person and for the assignment of counsel. By decision and order on motion dated February 28, 2005, 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 prosecute the appeal as a poor person was held in abeyance in the interim.

Upon the papers filed in support of the motion, 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 for leave to prosecute the appeal as a poor person is denied as academic.

MASTRO, J.P., KRAUSMAN, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court