Appellate Division: Second Judicial Department

M184106

E/ct

PETER B. SKELOS, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2012-08651, 2014-06889 The People, etc., respondent, v Liyao Chen, appellant. (Ind. No. 10278/11)

ORDER TO SHOW CAUSE

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered August 24, 2012, and an execution of sentence dated May 15, 2014, for leave to dispense with printing and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

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 execution of sentence on the ground that no appeal lies from an execution of sentence (see People v Crawford, 239 AD2d 514), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 20, 2015; and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal from the execution of sentence; 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, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SKELOS, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court