| People v Graham, Obie |
| Motion No: 2023-06577 |
| Slip Opinion No: 2024 NY Slip Op 70543(U) |
| Decided on July 3, 2024 |
| 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
M297489
AFA/
ANGELA G. IANNACCI, J.P.
LARA J. GENOVESI
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2023-06577 The People, etc., respondent, v Obie Graham, appellant. (Ind. No. 70161/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated July 5, 2023.
By order to show cause dated November 1, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the order dated July 5, 2023, is not appealable as of right and leave to appeal has not been granted. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10, 450.15); 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.
IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court