People v Degraffenreidt, Kenneth
Motion No: 2007-02755
Slip Opinion No: 2007 NYSlipOp 75036(U)
Decided on August 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M58102

E/mv

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-02755

The People, etc., respondent,

v Kenneth Degraffenreidt, appellant.

(Ind. No. 222/85)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 29, 1986, as a poor person and for the assignment of counsel. By order to show cause dated May 23, 2007, the appellant was 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 he abandoned the appeal and the motion was held in abeyance in the interim.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the order to show cause to dismiss the appeal is granted, and the appeal is dismissed; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.

RIVERA, J.P., COVELLO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court