| People v Avant, Rickey L. |
| Motion No: 2008-10687 |
| Slip Opinion No: 2009 NYSlipOp 66238(U) |
| Decided on March 11, 2009 |
| 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
M83512
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2008-10687 The People, etc., respondent, v Rickey L. Avant, appellant. (Ind. No. 507/02)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered March 8, 2002. By order to show cause dated December 12, 2008, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the notice of appeal was untimely (see CPL 460.10[1][a], 460.30), and the time in which to seek leave to file a late notice of appeal has expired.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the notice of appeal was untimely, and the time in which to seek leave to file a late notice of appeal has expired (see CPL 460.10[1][a], 460.30).
FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court