| People v Rice, Edward |
| Motion No: 2010-05325 |
| Slip Opinion No: 2010 NY Slip Op 91170(U) |
| Decided on December 17, 2010 |
| 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
M112865
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
ANITA R. FLORIO
PLUMMER E. LOTT, JJ.
|
2010-05325 The People, etc., respondent, v Edward Rice, appellant. (Ind. No. 1310/09)
| 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 November 2, 2009, as a poor person, and for the assignment of counsel. By order to show cause dated October 29, 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 the appellant did not move for leave to file a late notice of appeal, and the appellant's motion was held in abeyance in the interim. Separate motion by Steven Banks, inter alia, to deem the notice of appeal timely filed or for leave to file a late notice of appeal.
Upon the papers filed in support of the appellant pro se's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, and the papers filed in relation thereto, upon the papers filed in support of the motion by Steven Banks, inter alia, to deem the notice of appeal timely filed or for leave to file a late notice of appeal and the papers filed in opposition thereto, and upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed on the ground that the notice of appeal was untimely (see CPL 460.10[1][a], 460.30), and the appellant did not move for leave to file a late notice of appeal; and it is further,
ORDERED that the appellant pro se's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic; and it is further,
ORDERED that the motion by Steven Banks, inter alia, to deem the notice of appeal timely filed or for leave to file a late notice of appeal is dismissed on the ground that Steven Banks was relieved from representing the appellant by the Supreme Court, Queens County.
FISHER, J.P., DILLON, FLORIO and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court