| People of State of New York v Janald Waddell |
| Motion No: 2019-01371 KCR |
| Slip Opinion No: 2020 NY Slip Op 68851(U) |
| Decided on May 18, 2020 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Janald Waddell, Appellant. |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated October 22, 2019 is recalled and vacated; and it is further,
ORDERED that appellant is directed to show cause before this court why an order should or should not be made and entered dismissing his appeal from an order of the Criminal Court of the City of New York, Kings County, entered July 15, 2019, on the ground that the order is not appealable as of right (see CPL 450.10; People v De Jesus, 54 NY2d 447, 449 [1981]) and leave to appeal has not been granted, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before June 19, 2020; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon appellant's attorney and upon the District Attorney, by ordinary mail pursuant to CPL 470.60 (2).
The papers may be filed through the portal available on the website of this court for the digital filing of briefs and records.
Pesce, P.J., taking no part.
ENTER:
Paul Kenny
Chief Clerk