People v Graham, Jessica
Motion No: 2016-10298
Slip Opinion No: 2017 NY Slip Op 60467(U)
Decided on January 6, 2017
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M223981

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-10298

The People, etc., respondent,

v Jessica Graham, appellant.

(Ind. No. 00111/16)

DECISION & ORDER ON MOTION

Appeal by Jessica Graham from an order of the Supreme Court, Richmond County, dated May 18, 2016, issued pursuant to CPL 730.50(2). By order to show cause dated October 13, 2016, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated May 18, 2016, is not appealable either by right or by permission. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10, 450.15; People v Mardulana,74 NY2d 840); and it is further,

ORDERED that the appellant's motion is denied as academic.

DILLON, J.P., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court