Appellate Division: Second Judicial Department

M198290

E/mv

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2014-11443 The People, etc., respondent, v Angel Martinez, appellant. (Ind. No. 14-00197)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered October 28, 2014, as a poor person, and for the assignment of counsel.

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 on the ground that the notice of appeal from the judgment was 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:

Del Atwell, Esq.

39 5th Street

East Hampton, N.Y. 11937

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 judgment; 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., COHEN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

14-A-4801

Mohawk Corr. Fac.

P.O. Box 8450

Rome, N.Y. 13442