Appellate Division: Second Judicial Department

M288416

AFA/

MARK C. DILLON, J.P.

LARA J. GENOVESI

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2023-00667 The People, etc., respondent, v Marvin Yanez, appellant. (Ind. No. 1893/2016)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, dated November 17, 2022. 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 opposition thereto, it is

ORDERED that 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 November 17, 2022, is neither appealable as of right nor by permission (see CPL 450.10, 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 15, 2023, by ordinary mail; former counsel or the respondent may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before May 15, 2023; and it is further,

ORDERED that the motion by the appellant is 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).

DILLON, J.P., GENOVESI, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court