Appellate Division: Second Judicial Department

M67056

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-07512 The People, etc., respondent, v Eric G. Valle, appellant. (Ind. No. 16/01)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 20, 2001, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 and filed over one year and 30 days after the judgment was rendered (see CPL 460.10[1][a], 460.30), by filing an affidavit on that issue with the Clerk of this court on or before March 28, 2008, and the motion for leave to proceed as a poor person and for the assignment of counsel 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).

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court