Appellate Division: Second Judicial Department

M184109

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2001-06966, 2014-03739 The People, etc., respondent, v Juan Torres, appellant. (Ind. No. 11401/98)

ORDER TO SHOW CAUSE

Motion by the appellant pro se to restore to active status an appeal from a judgment of the Supreme Court, Queens County, rendered June 29, 2001, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and for poor person relief and the assignment of counsel with respect to that appeal as well as an appeal from an execution of sentence dated April 8, 2013.

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) and dismissing the appeal from the judgment on the ground that the appellant has abandoned that appeal (see 22 NYCRR670.8[f]), 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 branch of the appellant's motion which is for the assignment of counsel is granted to the extent that the following named attorney is assigned as counsel to respond to the order to show cause:

Lynn W. L. Fahey, Esq.

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

and it is further,

ORDERED that the appellant's motion is otherwise held in abeyance pending determination of this Court's motion to dismiss the appeals; 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, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

CHAMBERS, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-R-1067

Adirondack Corr. Fac.

PO Box 110

Ray Brook, N.Y. 12977-0110