| People v Granger, Elie |
| Motion No: 2021-08265 |
| Slip Opinion No: 2022 NY Slip Op 66260(U) |
| Decided on May 20, 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. |
Appellate Division: Second Judicial Department
M283029
MB/
COLLEEN D. DUFFY, J.P.
ANGELA G. IANNACCI
REINALDO E. RIVERA
WILLIAM G. FORD, JJ.
|
2021-08265 The People, etc., respondent, v Elie Granger, appellant. (Ind. No. 2907/2008)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated October 18, 2021. By order to show cause dated February 9, 2022, the parties were directed to show cause before this Court why the appeal from so much of the order and judgment dated October 18, 2021, as denied the appellant's motion pursuant to CPL 440.10 should not be dismissed on the ground that this portion of the order and judgment is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). Separate motions by the appellant pro se, inter alia, for leave to prosecute the appeal as a poor person and for the assignment of counsel and, in effect, to extend the time to serve and file an application for a certificate granting leave to appeal to this Court from so much of the order and judgment as denied the appellant's motion pursuant to CPL 440.10.
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 motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is, in effect, to extend the time to serve and file an application for a certificate granting leave to appeal to this Court from so much of the order and judgment as denied the appellant's motion pursuant to CPL 440.10, is granted, and on or before June 21, 2022, the appellant shall serve and file an application for a certificate granting leave to appeal to this Court from so much of the order and judgment as denied the appellant's motion pursuant to CPL 440.10; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the remaining branches of the appellant's motions and the motion
to dismiss are held in abeyance in the interim.
DUFFY, J.P., IANNACCI, RIVERA and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court