Appellate Division: Second Judicial Department

M147906

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-05556 The People, etc., respondent, v Carlos Brown, appellant. (Ind. No. 10125/89)

ORDER TO SHOW CAUSE

Appeal by the defendant from a jury verdict convicting him in the County Court, Orange County, on April 8, 2011. Following the imposition of sentence, the defendant filed a second notice of appeal from the ensuing judgment of the same court rendered June 22, 2011, which was assigned Appellate Division Docket No. 2011-06655. The appellant perfected the appeal from the judgment rendered June 22, 2011, on June 19, 2012, and the respondent's brief was filed on November 14, 2012. The appeal from the judgment rendered June 22, 2011 was erroneously perfected under Appellate Division Docket No. 2011-05556, but has been reassigned to the correct Appellant Division Docket No. 2011-06655.

Now, 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 pending under Appellate Division Docket No. 2011-05556 on the ground that the appeal is from a jury verdict rendered on April 8, 2011, and is neither appealable as of right or by permission, and the defendant has perfected an appeal from the judgment rendered June 22, 2011, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before December 31, 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 attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court