Appellate Division: Second Judicial Department

M272482

SL/

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2020-02400 The People, etc., respondent, v Kelvin Oneal, appellant. (Ind. No. 700N/2018)

ORDER TO SHOW CAUSE

Appeal from a judgment of the County Court, Nassau County, rendered October 18, 2019. 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 motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30), by uploading a digital copy of an affirmation or an affidavit on that issue through the digital portal on this Court's website, with proof of service thereof, on or before September 24, 2020; 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:

Thomas T. Keating

39A Cedar Street

Dobbs Ferry, NY 10522

and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; 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 his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court