| People v Keitt, Devon |
| Motion No: 2005-02479 |
| Slip Opinion No: 2009 NY Slip Op 90484(U) |
| Decided on December 7, 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
M95449
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2005-02479 The People, etc., respondent, v Devon Keitt, appellant. (Ind. No. 861/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 7, 2005, as a poor person and for the assignment of counsel. By order to show cause dated October 26, 2009, the appellant was 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 he had abandoned the appeal, and the motion by the appellant pro se was held in abeyance in the interim.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the appeal is dismissed for failure to timely perfect (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,
ORDERED that the appellant's motion is denied as academic.
RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court