| People of State of New York v Franklin Escoto |
| Motion No: 2013-00138 qcr |
| Slip Opinion No: 2013 NY Slip Op 63541(U) |
| Decided on January 28, 2013 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Franklin Escoto, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered November 19, 2012, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as untimely (see CPL 460.10 [1] [a]); and it is further,
ORDERED that the motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk