Appellate Division: Second Judicial Department

M181330

E/htr

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-03684 The People, etc., respondent, v Raheem T. Wilson, appellant. (Ind. No. 316/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered November 20, 2012, as a poor person and for the assignment of counsel. By order to show cause dated June 25, 2014, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal was untimely, counsel was assigned to respond to the order to show cause, and the appellant's motion was otherwise held in abeyance pending determination of the Court's motion to dismiss the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 460.30); and it is further,

ORDERED that the portion of the motion that was previously held in abeyance is denied as academic.

RIVERA, J.P., LEVENTHAL, HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court