Appellate Division: Second Judicial Department

M135646

S/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-11826 The People, etc., respondent, v Stephen Thomas, appellant. (Ind. No. 11755/09)

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 November 3, 2010, as a poor person, and for the assignment of counsel. By order to show cause dated April 6, 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 is untimely (see CPL 460.10[1][a], 460.30), the appellant did not move for leave to file a late notice of appeal, and the appellant pleaded guilty and waived his right to appeal, by filing an affidavit on that issue with the Clerk of this Court on or before May 9, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and no papers having been filed in response to the order to show cause, it is

ORDERED that 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.

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court