People v Joyner, Hoover
Motion No: 2018-14685
Slip Opinion No: 2019 NY Slip Op 66356(U)
Decided on March 26, 2019
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

M261202

E/mm

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-14685

The People, etc., respondent,

v Hoover Joyner, appellant.

(Ind. No. 280/14)

DECISION & ORDER ON MOTION

Appeal by Hoover Joyner from an order of the County Court, Dutchess County, dated October 25, 2018. By order to show cause dated January 14, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted. Motion by the appellant pro se for poor person relief and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is 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.

MASTRO, J.P., LEVENTHAL, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court