| People v Smith, Gregory |
| Motion No: 2018-08520 |
| Slip Opinion No: 2018 NY Slip Op 87734(U) |
| Decided on November 1, 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. |
Appellate Division: Second Judicial Department
M257070
E/afa
LEONARD B. AUSTIN, J.P.
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2018-08520
The People, etc., respondent, v Gregory Smith, appellant. (Ind. No. 1213/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated June 11, 2018, as a poor person, and for the assignment of counsel. By order to show cause dated September 17, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated June 11, 2018, was neither appealable as of right nor by permission, and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10, 450.15); and it is further,
ORDERED that the appellant's motion is denied as academic.
AUSTIN, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court