Appellate Division: Second Judicial Department

M121139

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-02257 The People, etc., respondent, v Steven Dadaille, appellant. (Ind. No. 10029/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered December 17 2010, as a poor person, and for the assignment of counsel. By order to show cause dated April 27, 2011, 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 (see CPL 460.10[1][a], 460.30), the appellant pleaded guilty, and the appellant waived his right to appeal, 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 and in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 460.10[1][a], 460.30); and it is further,

ORDERED that the appellant's motion is denied as academic.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court