Appellate Division: Second Judicial Department

M244408

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-12839 The People, etc., respondent, v Christian Benson, appellant. (Ind. No. 14-00334)

ORDER TO SHOW CAUSE

Appeal by Christian Benson from an order of the County Court, Orange County, dated October 30, 2017.

On the Court's own motion, it is

ORDERED that the appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated October 20, 2016, is not appealable as of right (see CPL 450.10; 450.15), and leave to appeal has not been granted, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before February 23, 2018; 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 institutionalized, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court