Appellate Division: Second Judicial Department

M252018

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-10810 The People, etc., respondent, v Leroy Dorsey, appellant. (Ind. No. 3461/96)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated July 31, 2017, as a poor person, and for the assignment of counsel.

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

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order entered December 17, 2012, as denied relief pursuant to CPL 440.10 and 440.20 on the ground that the portion of the order that denied that relief is not appealable as of right, and leave to appeal has not been granted (see CPL 450.10; 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before September 7, 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's attorney and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause:

The Legal Aid Society

199 Water Street

New York, New York 10038

and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., MALTESE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-1978

Green Haven Corr. Fac.

594 Rt. 216

Stormville, NY 12582-0010