Appellate Division: Second Judicial Department

M55274

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2007-03814, 2007-03815 The People, etc., respondent, v Damion Clarke, appellant. (Ind. Nos. 147/02, 1500/02)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the Supreme Court, Queens County, both rendered April 08, 2003, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that the notices of appeal, which were not filed until April 20, 2007, are untimely (see CPL 460.10[1][a], 460.30), by filing an affidavit on that issue with the Clerk of this court on or before June 29, 2007, and the motion for leave to proceed as a poor person is held in abeyance in the interim; 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 District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MILLER, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court