Appellate Division: Second Judicial Department

M279295

AFA/

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2021-02963 The People, etc., respondent, v Jermaine Saint Clare, appellant. (Ind. No. 3387/2017)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated March 25, 2021. 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 relation 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 order dated March 25, 2021, is neither appealable as of right nor by permission (see CPL 450.10, 450.15), by uploading a digital copy of an affirmation or an affidavit on that issue through the digital portal on this Court's website in the office of the Clerk of this Court on or before October 15, 2021; 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:

Patricia Pazner, Acting Attorney-in-Charge

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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 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).

CHAMBERS, J.P., BARROS, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court