| People v Clarke, Damion |
| Motion No: 2007-03814 |
| Slip Opinion No: 2007 NYSlipOp 82144(U) |
| Decided on October 25, 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
M61511
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)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute appeals from two judgments of the Supreme Court, Queens County, both rendered April 8, 2003, as a poor person, and for the assignment of counsel. By order to show cause dated May 31, 2007, the appellant was directed to 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), and the motion for leave to proceed as a poor person was held in abeyance in the interim.
Upon the court's own motion and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the appeals are dismissed; and it is further,
ORDERED that the appellant's motion is denied as academic.
MILLER, J.P., CRANE, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court