People of State of New York v Naseer Mohamed
Motion No: 2019-00397 QCR
Slip Opinion No: 2019 NY Slip Op 68372(U)
Decided on April 8, 2019
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2019-397 Q CR
The People of the State of New York, Respondent, v Naseer Mohamed, Appellant.

Motion by appellant on appeals to the Appellate Division from judgments of conviction of the Criminal Court of the City of New York, Queens County, rendered April 19, 2018 and May 3, 2018, in effect, to amend the notices of appeal to state that the appeals are to the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts, for leave to prosecute the appeals as a poor person and for the assignment of counsel, or for alternative relief.

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

ORDERED that the motion is dismissed.

As the appeals were taken to the Appellate Division, this court does not have jurisdiction to entertain appellant's motion. Appellant's remedy is to move in the Appellate Division to transfer the appeal to this court. Alternatively, appellant can move in the Criminal Court to amend the notices of appeal to state that the appeals are to the Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts (see El Dorado Aluminum Prods. v Jeros, 15 AD2d 781 [1962]).

ENTER:

Paul Kenny

Chief Clerk