Appellate Division: Second Judicial Department

M105335

E/sl

HOWARD MILLER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-03732 The People, etc., respondent, v Leroy Johnson, appellant. (Ind. No. 2012/03)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a purported judgment of the Supreme Court, Queens County, rendered January 5, 2010, as a poor person, and for the assignment of counsel.

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

ORDERED that the appellant is 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 no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered April 3, 2008, to be brought to execution (see People v Crawford, 239 AD2d 514), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before August 6, 2010; and it is further,

ORDERED that the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel 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 attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court