People v Alfred DiMartini .

Motion No: M-5513

Slip Opinion No: 2017 NYSlipOp 94226(U)

Decided on December 5, 2017

Appellate Division, First 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.

December 5, 2017

The People of the State of New York,

Respondent,

v

Alfred DiMartini,

Defendant-Appellant.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about

September 30, 2015, and said appeal having been perfected, And an order of this Court having been entered on

December 29, 2015 (M-5621), granting defendant leave to prosecute the appeal as a poor person, and assigning counsel to prosecute the appeal, And respondent having moved for dismissal of the aforesaid appeal, to recall and vacate the order granting poor person relief entered on December 29, 2015 (M-5621), and to stay the appeal pending determination of this motion,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied, without prejudice to respondent seeking said relief in response to the pending SORA appeal. ENTERED: December 5, 2017

_____________________ CLERK

Present - Hon. Sallie Manzanet-Daniels,Justice Presiding, Angela M. Mazzarelli Marcy L. Kahn Peter H. Moulton,Justices

M-5513

Ind. No. 1271/99