| People v Garcia, Juan M. |
| Motion No: 2016-10295 |
| Slip Opinion No: 2017 NY Slip Op 69913(U) |
| Decided on April 7, 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
M228928
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2016-10295
The People, etc., respondent, v Juan M. Garcia, appellant. (Ind. No. 976/15)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered August 16, 2016, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed 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 June 5, 2017, 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 June 5, 2017; 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:
Laurette Mulry, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
300 Center Drive
PO Box 1697
Riverhead, New York 11901-3398
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).
RIVERA, J.P., AUSTIN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
16-R-2306
Altona Corr. Fac.
P.O. Box 3000
Altona, NY 12910-3000