Appellate Division: Second Judicial Department

M251104

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2018-03218 The People, etc., respondent, v Shamel Capers, appellant. (Ind. No. 1003/15)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered November 30, 2017, as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appellant is directed either (1) to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30) by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 10, 2018, or (2), if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed, on or before July 10, 2018; and it is further,

ORDERED that the appellant's motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth whether the appellant was represented by pro bono counsel, assigned counsel, or retained counsel in the County Court and, if retained, the amount and source of counsel fees paid to retained counsel; 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 imprisoned, at the institution in which the appellant is confined, upon the appellant's pro bono the attorney, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

CHAMBERS, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court