Appellate Division: Second Judicial Department

M81439

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-10091 The People, etc., respondent, v Joseph Bloomfield, appellant. (Ind. No. 3379/98)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a resentence of the Supreme Court, Queens County, imposed October 6, 2008, as a poor person and for the assignment of counsel. By order to show cause dated December 12, 2008, the parties were directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the appellant was not aggrieved by the resentence, as the resentence merely eliminated a period of post release supervision, and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim. Separate motion by the appellant pro se for a stay pursuant to CPL 460.50 pending hearing and determination of the appeal

Upon the order to show cause and the papers filed in response thereto, 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, and upon the papers filed in support of the motion for a stay pursuant to CPL 460.50 and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, on the ground that the appellant was not aggrieved by the resentence, as the resentence merely eliminated a period of post release supervision; 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; and it is further,

ORDERED that the motion for a stay pursuant to CPL 460.50 is dismissed.

RIVERA, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court