People v Villena, David P.
Motion No: 2019-04973
Slip Opinion No: 2019 NY Slip Op 70859(U)
Decided on May 20, 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

M262899

E/mm

MARK C. DILLON, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-04973

The People, etc., respondent,

v David P. Villena, appellant.

(Ind. No. 939/15)

ORDER TO SHOW CAUSE

Appeal by David P. Villena from an order of the Supreme Court, Queens County, dated April 11, 2019.

On the Court's own motion, it is

ORDERED that the appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated November 30, 2018, 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 June 20, 2019; 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 attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DILLON, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court