Appellate Division: Second Judicial Department

M172127

E/mv

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-09656, 2014-03085 The People, etc., respondent, v Carlos Romero, appellant. (Ind. No. 808/10)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on appeals from a judgment of the Supreme Court, Queens County, rendered July 6, 2011, and an execution of sentence of the same court imposed October 3, 2013, for poor person relief 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 appeal from the execution of sentence (Appellate Division Docket No. 2013-09656) is dismissed as no appeal lies from an execution of sentence (see People v Crawford, 239 AD2d 514); and it is further,

ORDERED that the motion is denied as academic with respect to the execution of sentence; and it is further,

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 from the judgment on the ground that the notice of appeal for the judgment was untimely (see CPL 460.30), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 5, 2014; 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); and it is further,

ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel on the appeal from the judgment is granted to the extent that the following named counsel is assigned to respond to the order to show cause, and that branch of the motion is otherwise held in abeyance pending determination of the Court's motion to dismiss the appeal from the judgment:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

DILLON, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-R-3211

Marcy Corr. Fac.

Marcy, N.Y. 13403