People v Brown, Derran
Motion No: 2021-06320
Slip Opinion No: 2022 NY Slip Op 61502(U)
Decided on February 9, 2022
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M281448

AFA/

ROBERT J. MILLER, J.P.

JOSEPH J. MALTESE

JOSEPH A. ZAYAS

WILLIAM G. FORD, JJ.

2021-06320

The People, etc., respondent,

v Derran Brown, appellant.

(Ind. No. 8173/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 16, 2021. By order to show cause dated September 8, 2021, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the order dated June 16, 2021, is neither appealable as of right nor by permission (see CPL 450.10, 450.15). Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the appellant's motion is denied as academic.

MILLER, J.P., MALTESE, ZAYAS and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court