| People v Polanco, Joan |
| Motion No: 2011-03446 |
| Slip Opinion No: 2011 NY Slip Op 79719(U) |
| Decided on August 2, 2011 |
| 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
M123705
S/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2011-03446 The People, etc., respondent, v Joan Polanco, appellant. (Ind. No. 09-00645)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered June 29, 2010, as a poor person, and for the assignment of counsel. By order to show cause dated June 28, 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 is untimely (see CPL 460.10[1][a], 460.30), the appellant did not move for leave to file a late notice of appeal, and the appellant waived his right to appeal, and the motion 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, it is
ORDERED that the appeal is dismissed; and it is further
ORDERED that the motion for poor person relief is denied as academic.
DILLON, J.P., CHAMBERS, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court