| People of State of New York v Leroy Frazier |
| Motion No: 2014-01675 QCR |
| Slip Opinion No: 2015 NY Slip Op 63742(U) |
| Decided on January 28, 2015 |
| 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. By decision and order on motion dated November 20, 2014, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as untimely, and appellant's motion was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of appellant's motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk