| People v Robinson, Charise |
| Motion No: 2002-09182 +1 |
| Slip Opinion No: 2007 NYSlipOp 69308(U) |
| Decided on May 10, 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
M54486
E/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2002-09182, 2007-02697 The People, etc., respondent, v Charise Robinson, appellant. (Ind. No. 3896/01)
| DECISION & ORDER ON MOTION |
Appeals by Charise Robinson from a judgment of the Supreme Court, Kings County, rendered September 27, 2002, and a purported judgment of the same court rendered January 30, 2007. By order to show cause dated March 30, 2007, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal from the judgment rendered September 27, 2002, as abandoned and 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 the judgment rendered September 27, 2002, to be brought to execution (see People v Crawford, 239 AD2d 514).
Upon the court's own motion and the papers filed in response thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the purported judgment rendered January 30, 2007 (Appellate Division Docket No. 2007-02697), is granted and the appeal from the purported judgment rendered January 30, 2007, is dismissed on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause the judgment rendered September 27, 2002, to be brought to execution (see People v Crawford, 239 AD2d 514); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment rendered September 27, 2002 (Appellate Division Docket No. 2002-09182), is denied; and it is further,
ORDERED that on or before July 10, 2007, the appellant shall either (1) perfect the appeal from the judgment rendered September 27, 2002, (2) retain counsel and notify the court that she has retained counsel, or (3) move for leave to prosecute the appeal as a poor person and the assignment of counsel.
SPOLZINO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court