| People v Smith, Devonte |
| Motion No: 2012-05763 |
| Slip Opinion No: 2012 NY Slip Op 81250(U) |
| Decided on August 13, 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
M141854
H/ct
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-05763 The People, etc., respondent, v Devonte Smith, appellant. (S.C.I. No. 1388/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file a late notice of appeal from a judgment of the Supreme Court, Westchester County, rendered April 25, 2011, and for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to file a late notice of appeal is denied; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied as academic.
BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court