People of State of New York v Truman Cazales
Motion No: 2014-01023 QCR
Slip Opinion No: 2014 NY Slip Op 93584(U)
Decided on December 18, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2014-1023 Q CR
The People of the State of New York, Respondent, v Truman Cazales, 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 March 20, 2014, as a poor person, and for the assignment of counsel. The notice of appeal was filed on April 21, 2014. By decision and order on motion of this court dated August 5, 2014, the parties were directed to 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), and appellant's motion was held in abeyance in the interim.

Now, on the papers filed in support of the motion, and on the order to show cause, and no papers having been filed in response thereto, it is

ORDERED that the appeal is dismissed as untimely; and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk