People of State of New York v Ryan Krosecky
Motion No: 2015-02574 SCR
Slip Opinion No: 2016 NY Slip Op 63821(U)
Decided on February 3, 2016
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

JERRY GARGUILO

FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ON MOTION

2015-2574 S CR
The People of the State of New York, Respondent, v Ryan Krosecky, Appellant.

Motion by appellant for leave to prosecute an appeal from judgments of conviction of the District Court of Suffolk County, First District, rendered October 5, 2015, as a poor person, and for the assignment of counsel. The notice of appeal was filed on November 6, 2015. By decision and order on motion dated December 23, 2015, the parties were directed to show cause before this court why the above-entitled appeal should or should not be dismissed as untimely and appellant had not sought leave to file a late notice of appeal, and appellant's motion was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed as untimely (see CPL 460.10, 460.30); and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk