| People v Washington, Malcolm |
| Motion No: 2012-05217 |
| Slip Opinion No: 2012 NY Slip Op 83964(U) |
| Decided on September 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
M143393
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT
|
2012-05217 The People, etc., respondent, v Malcolm Washington, appellant. (Ind. No. 607/11)
| ORDER TO SHOW CAUSE |
Appeal by Malcolm Washington from a judgment of the Supreme Court, Kings County, rendered December 2, 2011.
On the Court's own motion, it is
ORDERED that the appellant is 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), and the defendant did not seek leave to file a late notice of appeal, by filing an affidavit on that issue with the Clerk of this Court on or before October 15, 2012; and it is further,
ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence, or, if he is imprisoned, at the institution in which he is confined, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court