Appellate Division: Second Judicial Department

M128473

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-08443 The People, etc., respondent, v Antonio Potter, appellant. (Ind. No. 1799/00)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a resentence of the Supreme Court, Queens County, imposed September 6, 2011, as a poor person, and for the assignment of counsel.

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

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should or should not be entered dismissing the appeal on the ground that the appellant is not aggrieved by the resentence as the Supreme Court did not impose a period of post release supervision, by filing an affidavit on that issue with the Clerk of this Court on or before December 30, 2011; and it is further,

ORDERED that the appellant's motion 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 District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court