| People of State of New York v Leroy Frazier |
| Motion No: 2014-01675 QCR |
| Slip Opinion No: 2014 NY Slip Op 90938(U) |
| Decided on November 20, 2014 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Leroy Frazier, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered June 16, 2014, as a poor person, and for the assignment of counsel. The notice of appeal was filed on July 18, 2014.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the parties show cause before this court why the above-entitled appeal should or should not be dismissed as untimely and appellant had not sought leave to file a late notice of appeal (see CPL 460.10, 460.30), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before December 19, 2014; and it is further,
ORDERED that appellant's motion is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk