Appellate Division: Second Judicial Department

M91812

E/sl

HOWARD MILLER, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2008-11010 The People, etc., respondent, v Richard Maldonado, appellant. (Ind. No. 3455/98)

DECISION & ORDER ON MOTION

Motion by appellant pro se for leave to prosecute an appeal from a resentence of the Supreme Court, Queens County, imposed October 24, 2008, as a poor person and for the assignment of counsel. By order to show cause dated August 3, 2009, the parties or their attorneys were 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 was not aggrieved by the resentence, as the resentence merely eliminated a period of post release supervision, and the motion was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the motion for leave to prosecute the an appeal as a poor person and for the assignment of counsel is denied as academic.

MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court