THE PEOPLE V HOWARD GRIFFITH
Motion No: KA 15-02055
Slip Opinion No: 2016 NY Slip Op 61322(U)
Decided on January 13, 2016
Appellate Division, Fourth 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.


January 13, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 15-02055
Indictment No: 2001-0883-1
Index No: 2001-0927

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

HOWARD GRIFFITH, DEFENDANT-APPELLANT.


Defendant having moved to compel a determination on an application to prosecute as a poor person an appeal taken from an order of Onondaga County Court, dated August 25, 2015 and entered September 4, 2015, and for other relief,

Now, upon reading and filing the affidavits of Howard Griffith sworn to December 8, 2015, November 6, 2015 and October 22, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as premature.

Memorandum: Appellate review of the order of Onondaga County Court dated August 28, 2015 and entered September 4, 2015 is authorized by permission of an intermediate appellate court pursuant to CPL 450.15(1) and 460.15(2).

Entered: January 13, 2016

Frances E. Cafarell, Clerk