THE PEOPLE V ERIC HARRIS
Motion No: KA 12-00753, KA 03-00716 AND KA 06-02577
Slip Opinion No: 2012 NY Slip Op 74201(U)
Decided on May 23, 2012
Appellate Division, Fourth 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.


May 23, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 12-00753, KA 03-00716 AND KA 06-02577
Indictment No: 02-042

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ERIC HARRIS, DEFENDANT-APPELLANT.


Appellant having moved for permission to proceed as a poor person on the appeal taken from a resentence of the Seneca County Court, rendered March 7, 2011, and for other relief,

Now, upon reading and filing the affirmation of David J. Pajak, Esq. dated April 23, 2012, the affidavit of Eric Harris sworn to April 19, 2012, the notice of motion with proof of due service thereof, the statement of Barry Porsch, Esq. dated May 15, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice.

Memorandum: Absent proof that a notice of appeal has been timely filed and served, there is no appeal pending.

Entered: May 23, 2012

Frances E. Cafarell, Clerk