| People v Stewart, Adrian |
| Motion No: 2014-07392 |
| Slip Opinion No: 2014 NY Slip Op 88187(U) |
| Decided on October 28, 2014 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M181669
E/ct
CHERYL E. CHAMBERS, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2014-07392 The People, etc., respondent, v Adrian Stewart, appellant.
(Ind. No. 12-01451)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an execution of sentence of the County Court, Westchester County, rendered June 18, 2014, as a poor person, and for the assignment of counsel. Separate motion by the respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the execution of sentence 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 motions are denied as academic.
CHAMBERS, J.P., SGROI, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court