| People v Portillo, Jose |
| Motion No: 2007-00458 |
| Slip Opinion No: 2007 NYSlipOp 67939(U) |
| Decided on April 23, 2007 |
| 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
M53615
S/sl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2007-00458 The People, etc., respondent, v Jose Portillo, appellant. (Ind. No. 1994-03)
| ORDER TO SHOW CAUSE |
Appeal by the defendant from a judgment of the County Court, Suffolk County, rendered January 5, 2004. The notice of appeal is dated November 17, 2006.
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) by filing an affirmation or affidavit on that issue with the Clerk of this court on or before May 11, 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 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.
SCHMIDT, J.P., GOLDSTEIN, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court