| People v Elmore, Eugene |
| Motion No: 2007-10783 |
| Slip Opinion No: 2008 NYSlipOp 68228(U) |
| Decided on April 2, 2008 |
| 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
M68479
E/sl
FRED T. SANTUCCI, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2007-10783 The People, etc., respondent, v Eugene Elmore, appellant. (Ind. No. 2386/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered June 6, 2006, as a poor person, and for the assignment of counsel. By order to show cause dated January 28, 2008, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant failed to file a timely notice of appeal (see CPL 460.10[1][a]), and the motion for leave to proceed as a poor person and for the assignment of counsel was held in abeyance in the interim. Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment rendered June 6, 2006.
Upon the papers filed in support of the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel and the papers filed in opposition thereto, upon the order to show cause and no papers having been filed in response thereto, and upon the motion pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment rendered June 6, 2006, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal on the ground that the appellant failed to file a timely notice of appeal is granted and the appeal is dismissed (see CPL 460.10[1][a]); and it is further,
ORDERED that the motion pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment rendered June 6, 2006, is denied; 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.
SANTUCCI, J.P., DICKERSON, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court