People v Nelson, Maurice
Motion No: 2007-07640
Slip Opinion No: 2007 NYSlipOp 81610(U)
Decided on October 22, 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

M61368

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-07640

The People, etc., respondent,

v Maurice Nelson, appellant.

(Ind. No. 10323/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an amended judgment of the Supreme Court, Queens County, rendered January 16, 2007, 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 on the court's own motion, the appeal is dismissed, on the ground that the notice of appeal was untimely and the defendant has not sought leave to extend his time to file a notice of appeal (see CPL 460.30[1]); and it is further,

ORDERED that the motion is denied as academic.

SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court