Appellate Division: Second Judicial Department

M198289

E/mv

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-06251, 2015-07358 The People, etc., respondent, v Kyle Birch, appellant. (Ind. Nos. 568/14, 2464/14)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 29, 2015, under Indictment No. 568/14, as a poor person, and for the assignment of counsel. Separate motion by the appellant pro se for leave to prosecute an appeal from a judgment of the same court also rendered May 29, 2015, under Indictment No. 2464/14, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motions 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 appeals on the ground that the notices of appeal from the judgments were untimely (see CPL 460.30), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 10, 2015; and it is further,

ORDERED that pursuant to County Law § 722 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 motions are held in abeyance pending determination of this Court's motion to dismiss the appeals from the judgments; 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 the appellant's last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

BALKIN, J.P., ROMAN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

15-A-2425

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, N.Y. 12929