Appellate Division: Second Judicial Department

M268541

E/sl

ALAN D. SCHEINKMAN, P.J.

SHERI S. ROMAN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-12278 The People, etc., respondent, v Richard C. Bruno, Jr., appellant. (Ind. No. 2639A/15)

ORDER TO SHOW CAUSE

Motion by Richard C. Bruno, Jr., pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered December 20, 2016, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied; and it is further,

ORDERED that, on the Court's own motion, the appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30), by filing an affirmation or an affidavit on or before January 29, 2020, on that issue in the office of the Clerk of this Court; 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 named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SCHEINKMAN, P.J., ROMAN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court