People v Berry, Terrell A.
Motion No: 2019-12009
Slip Opinion No: 2020 NY Slip Op 62763(U)
Decided on February 13, 2020
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

M269586

kbp/

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2019-12009

The People, etc., respondent,

v Terrell A. Berry, appellant.

(Ind. No. 1475B/18)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 25, 2019, as a poor person, and for the assignment of counsel.

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

ORDERED that on the Court's own motion, the appellant is directed on or before March 16, 2020, 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 that issue in the office of the Clerk of this Court or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:

Laurette D. Mulry

Legal Aid Society of Suffolk County

300 Center Drive, PO Box 1697

Riverhead, NY 11901-3398

and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order to show cause upon the clerk of the court from which the appeal is taken; 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., RIVERA, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court