Appellate Division: Second Judicial Department

M205274

E/mv

MARK C. DILLON, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-11663 The People, etc., respondent, v Christopher A. Smith, appellant. (Ind. No. 14-00107)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered September 23, 2015, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appellant is directed either (1) to show cause before this Court why the appeal should not be dismissed 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 March 23, 2016, or (2), if so advised to make a motion pursuant to CPL 460.30 for an extension of time to take the appeal, on or before March 23, 2016; 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 or to make a motion pursuant to CPL 460.30:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, NY 10128

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; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order to show cause upon the clerk of the court from which the appeal is taken; 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).

DILLON, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

15-A-4046

Adirondack Corr. Fac.

196 Ray Brook Road

P.O. Box 110

Ray Brook, NY 12977-0110