People v Ochei, Nwakanma
Motion No: 2004-00153
Slip Opinion No: 2012 NY Slip Op 66689(U)
Decided on March 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M134464

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2004-00153

The People, etc., respondent,

v Nwakanma Ochei, appellant.

(Ind. No. 2698/02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered December 17, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. By order to show cause dated May 10, 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 he had abandoned the appeal.

Upon the order to show cause and no papers having been in response thereto, and upon the papers filed in support of the 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 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,

ORDERED that the motion by the appellant for poor person relief and the assignment of counsel is denied as academic.

SKELOS, J.P., DICKERSON, ENG and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court