Appellate Division: Second Judicial Department

M273562

AFA/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2020-00579 The People, etc., respondent, v Dwayne Lewis, appellant. (Ind. No. 6260/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered March 15, 2017. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated August 20, 2020, the appellant was 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), and the appellant's motion was held in abeyance.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of 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 the motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.

RIVERA, J.P., CHAMBERS, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court