| People v Aikens, Thomas I. |
| Motion No: 2016-10260 |
| Slip Opinion No: 2017 NY Slip Op 60543(U) |
| Decided on January 9, 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. |
Appellate Division: Second Judicial Department
M224048
E/ct
JOHN M. LEVENTHAL, J.P.
SANDRA L. SGROI
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2016-10260 The People, etc., respondent, v Thomas I. Aikens, appellant. (Ind. Nos. 14-00545, 15-00079)
| DECISION & ORDER ON MOTION |
Appeal by Thomas I. Aikens from an order of the County Court, Orange County, dated May 4, 2016, issued pursuant to CPL 730.50(2). By order to show cause dated November 10, 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 4, 2016, was not appealable either by right or by permission. Motion by the appellant pro se for poor person relief 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
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.
LEVENTHAL, J.P., SGROI, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court