People v McPhatter, James, also known as McPhatter, Jahleke
Motion No: 1998-01184
Slip Opinion No: 2017 NY Slip Op 86501(U)
Decided on September 20, 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

M237949

E/afa

MARK C. DILLON, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

1998-01184

The People, etc., respondent,

v James McPhatter, also known as

Jahleke McPhatter, appellant.

(Ind. No. 2541/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 7, 1998, as a poor person, and for the assignment of counsel. By order to show cause dated June 15, 2017, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the appellant has abandoned the appeal and the appellant's motion was held in abeyance in the interim.

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); and it is further,

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

DILLON, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court