| People v McBride, David |
| Motion No: 2011-06527 |
| Slip Opinion No: 2011 NY Slip Op 93365(U) |
| Decided on December 20, 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
M130402
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2011-06527 The People, etc., respondent, v David McBride, appellant. (Ind. No. 10335/08)
| 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 February 24, 2011, as a poor person, and for the assignment of counsel. By order to show cause dated November 12, 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 prder 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 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., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court