People v Davis, Monte
Motion No: 1997-04327
Slip Opinion No: 2007 NYSlipOp 76622(U)
Decided on August 29, 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

M59040

E/cb

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

1997-04327

The People, etc., respondent, v Monte

Davis, appellant.

(Index No. 94449)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered December 10, 2002, as a poor person and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal for failure to perfect the same in accordance with the rules of this court (see NYCRR 670.8[f]).

Upon the papers filed in support of the motion and the cross motion, the papers filed in relation to the motion, and the papers filed in opposition to the cross motion, it is

ORDERED that the cross motion 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court