Appellate Division: Second Judicial Department

M100606

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-09330 The People, etc., respondent, v Raleigh Maddox, appellant. (Ind. No. 2833-08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered August 7, 2009, as a poor person, and for the assignment of counsel. By order to show cause dated February 4, 2010, 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 the notice of appeal was untimely and he had not sought leave to file a late notice of appeal (see CPL 460.10[1][a], 460.30), and because the appellant waived his right to appeal and had not raised any issues that would survive the waiver, and the appellant's 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 opposition 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 appellant's motion is denied as academic.

RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court