People v Graham, Jessica
Motion No: 2017-00073
Slip Opinion No: 2017 NY Slip Op 77339(U)
Decided on June 16, 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

M232998

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2017-00073

The People, etc., respondent,

v Jessica Graham, appellant.

(Ind. No. 111/16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Richmond County, dated November 7, 2016, as a poor person and for the assignment of counsel. By order to show cause dated April 18, 2017, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the order was neither appealable as of right nor by permission and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been 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); and it is further,

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

ENG, P.J., LEVENTHAL, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court