| People v Vargas, Stanny |
| Motion No: 2019-08904 |
| Slip Opinion No: 2019 NY Slip Op 85669(U) |
| Decided on December 9, 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. |
Appellate Division: Second Judicial Department
M267964
kbp/
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2019-08904 The People, etc., respondent, v Stanny Vargas, appellant. (Ind. No. 218/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered December 12, 2017, as untimely taken. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is granted and the appeal is dismissed (see CPL 460.10[1], 460.30[1]); and it is further,
ORDERED that the appellant's motion is denied as academic.
BALKIN, J.P., MILLER, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court