Appellate Division: Second Judicial Department

M172204

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2002-01259, 2013-06691 The People, etc., respondent, v Juan Molina, appellant. (Ind. No. 11185/00)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute appeals from an execution of sentence of the Supreme Court, Queens County, imposed June 4, 2013, and a judgment of the same court rendered January 30, 2002, as a poor person, and for the assignment of counsel, and, in effect, to restore to active status the appeal from the judgment which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect that appeal.

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

ORDERED that on the Court's own motion, the appeal from the execution of sentence (Appellate Division Docket No. 2013-06691) 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 appeal from the judgment was abandoned (see 22 NYCRR 670.8[f]), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 9, 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, in effect, to restore the appeal from the judgment to active status, to enlarge the time to perfect that appeal, and for poor person relief and the assignment of counsel with respect to that appeal 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:

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-A-4750

Clinton Corr. Fac.

P.O. Box 2002

Dannemora, N.Y. 12929