People v Boykin, Jermaine T.
Motion No: 2019-10564
Slip Opinion No: 2020 NY Slip Op 63036(U)
Decided on February 18, 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

M269675

kbp/

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2019-10564

The People, etc., respondent,

v Jermaine T. Boykin, appellant.

(Ind. No. 753/17)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered June 22, 2018, as a poor person, and for the assignment of counsel. By order to show cause dated November 19, 2019, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal from the judgment was untimely, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 460.30); and it is further,

ORDERED that the appellant's motion is denied as academic.

MASTRO, J.P., CHAMBERS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court