Appellate Division: Second Judicial Department

M286214

AFA/

FRANCESCA E. CONNOLLY, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

BARRY E. WARHIT, JJ.

2022-05843, 2022-05844 The People, etc., respondent, v Reges L. Bellamy, appellant. (Ind. No. 61/2021)

ORDER TO SHOW CAUSE

Appeals by Reges L. Bellamy from an order of the County Court, Dutchess County, dated October 26, 2021, and a judgment of the same court rendered March 20, 2022, upon a plea of guilty. Motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel. Application by Kelley M. Enderley on behalf of the defendant for leave to prosecute the appeals as a poor person and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or 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 appeals on the ground that the order dated October 26, 2021, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15), and on the ground that the notice of appeal from the judgment rendered March 20, 2022, was untimely filed (see CPL 460.30), by uploading a digital copy of an affirmation or an affidavit on these issues, with proof of service thereof, through the digital portal on this Court's website on or before January 20, 2023; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before January 20, 2023; and it is further,

ORDERED that the appellant's motion and the application are held in abeyance in the interim; 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).

CONNOLLY, J.P., WOOTEN, ZAYAS and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court