People v Davis, Shawn
Motion No: 2003-05480
Slip Opinion No: 2008 NYSlipOp 71669(U)
Decided on May 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M70230

E/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2003-05480

The People, etc., respondent,

v Shawn Davis, appellant.

(Ind. No. 874/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a purported judgment of the Supreme Court, Kings County, rendered May 21, 2003, 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 motion is denied as the appeal was dismissed by decision and order on motion dated September 4, 2003, on the ground that the purported judgment rendered May 21, 2003, was nothing more than a proceeding to cause a judgment rendered January 4, 2000, to be brought to execution (see People v Crawford, 239 AD2d 514).

FISHER, J.P., FLORIO, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court