Appellate Division: Second Judicial Department

M83711

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MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2008-11110 The People, etc., respondent, v Bobby McCrae, appellant. (Ind. No. 08-00074)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered October 30, 2008, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the court's own motion, the appellant is 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 is untimely (see CPL 460.10[1][a], 460.30), and the appellant has failed to move for leave to file a late notice of appeal, by filing an affidavit on that issue with the Clerk of this court on or before April 17, 2009; and it is further,

ORDERED that the motion 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).

DILLON, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court