| THE PEOPLE V DANIEL JONES |
| Motion No: KA 13-00267 |
| Slip Opinion No: 2013 NY Slip Op 69501(U) |
| Decided on April 3, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 13-00267
Indictment No: 91-0483-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DANIEL JONES, DEFENDANT-APPELLANT. |
Defendant having moved for permission to proceed as a poor person and assignment of counsel for an appeal from the memorandum and order of Supreme Court, Erie County, dated January 9, 2013,
Now, upon reading and filing the affidavit of Daniel Jones sworn to January 27, 2013, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Because defendant's contentions arise out of a criminal proceeding, the Criminal Procedure Law governs (see CPL 1.10 [1][a]). There is no statutory authority, by right or by permission, to appeal to this Court from such an order. Absent such a statute, the order of Supreme Court is not appealable (see generally People v Laing, 79 NY2d 166, 170 [1992]), and defendant is not entitled to poor person relief.
Entered: April 3, 2013
Frances E. Cafarell, Clerk