| People v Killings, Trevon |
| Motion No: 2011-05680 |
| Slip Opinion No: 2011 NY Slip Op 92652(U) |
| Decided on December 9, 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
M129992
E/mv
PETER B. SKELOS, J.P.
ARIEL E. BELEN
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-05680
The People, etc., respondent, v Trevon Killings, appellant. (Ind. No. 10180/09)
| 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 April 5, 2011, as a poor person, and for the assignment of counsel. By order to show cause dated October 20, 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, 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 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.
SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court