Appellate Division: Second Judicial Department

M62288

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2007-04798 The People, etc., respondent, v Daniel Garner, appellant. (Ind. No. 05-772)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered July 7, 2006, 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 not be made and entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal, by filing an affidavit on that issue with the Clerk of this court on or before December 14, 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., RITTER, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court