| People of State of New York v Robert Paul |
| Motion No: 2016-02854 WCR |
| Slip Opinion No: 2017 NY Slip Op 76611(U) |
| Decided on May 30, 2017 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Robert Paul, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Village of Irvington, Westchester County, rendered October 17, 2016, as a poor person, and for the assignment of counsel. By order to show cause dated January 25, 2017, appellant was directed to show cause before this court why the appeal should or should not be dismissed on the ground that the appeal was not properly taken in that the proceedings were recorded electronically and no affidavit of errors was filed.
Upon the papers filed in support of the motion, and upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see People v Smith, 27 NY3d 643 [2016]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk