People v Cortes, Rubert F.
Motion No: 2023-04796
Slip Opinion No: 2023 NY Slip Op 76432(U)
Decided on November 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M292196

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2023-04796

The People, etc., respondent,

v Rubert F. Cortes, appellant.

(S.C.I. No. 70684/2022, Ind. Nos. 321/2022,

5473/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered November 14, 2022, upon a plea of guilty. 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 motion is denied as unnecessary, as the appellant was granted leave to prosecute an appeal from the same judgment as a poor person and the assignment of counsel in a decision and order on motion of this Court dated May 3, 2023, under Appellate Division Docket No. 2022-09786; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed as duplicative of the appeal from the same judgment under Appellate Division Docket No. 2022-09786.

IANNACCI, J.P., WOOTEN, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court