Appellate Division: Second Judicial Department

M125734

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-04366 The People, etc., respondent, v Sylvester Burks, appellant. (Ind. No. 10-00686375/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered March 31, 2011, as a poor person, and for the assignment of counsel. By order to show cause dated July 8, 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 did not move for leave to file a late notice of appeal, 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 no papers having been 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 appeal is dismissed; and it is further,

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

DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court