| People v Potter, Antonio |
| Motion No: 2011-08443 |
| Slip Opinion No: 2012 NY Slip Op 62503(U) |
| Decided on January 26, 2012 |
| 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
M132248
E/sl
ANITA R. FLORIO, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2011-08443 The People, etc., respondent, v Antonio Potter, appellant. (Ind. No. 1799/00)
| DECISION & ORDER ON MOTION |
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. By order to show cause dated November 23, 2011, the appellant was 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 was not aggrieved by the resentence as the Supreme Court did not impose a period of post release supervision, and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers 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 on the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that the appellant's motion is denied as academic.
FLORIO, J.P., CHAMBERS, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
January 26, 2012
PEOPLE v POTTER, ANTONIO