| People v Saint Clare, Jermaine |
| Motion No: 2021-02963 |
| Slip Opinion No: 2021 NY Slip Op 75654(U) |
| Decided on December 8, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M280425
AFA/
SYLVIA O. HINDS-RADIX, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LARA J. GENOVESI, JJ.
|
2021-02963 The People, etc., respondent, v Jermaine Saint Clare, appellant. (Ind. No. 3387/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, rendered 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. By order to show cause dated September 24, 2021, the appellant was directed to show cause before this Court why the appeal should not be dismissed 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), counsel was assigned to respond to the order to show cause, and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers 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, without costs or disbursements; and is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.
HINDS-RADIX, J.P., DUFFY, CONNOLLY and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court