Appellate Division: Second Judicial Department

M146227

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-06820 The People, etc., respondent, v Charles Miller, appellant. (Ind. No. 10125/89)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause dated October 26, 2012, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated June 28, 2012, issued pursuant to CPL 440.46, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, 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 appeal has been rendered academic as the appellant has been released from incarceration, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before December 17, 2012; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; 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 attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court