People v Capers, Shamel
Motion No: 2018-03218
Slip Opinion No: 2018 NY Slip Op 75716(U)
Decided on June 22, 2018
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

M251613

U/afa

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

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated June 8, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Queens 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 13, 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 13, 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 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