| People v Thomas, Roger |
| Motion No: 2022-06384 |
| Slip Opinion No: 2023 NY Slip Op 76262(U) |
| Decided on November 3, 2023 |
| 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
M292028
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2022-06384 The People, etc., respondent, v Roger Thomas, appellant. (Ind. No. 5650/2011)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated June 23, 2022. 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 April 19, 2023, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15), 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, upon the papers filed in support of the 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 and disbursements; and it 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.
CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court