Appellate Division: Second Judicial Department

M299451

AFA/

VALERIE BRATHWAITE NELSON, J.P.

HELEN VOUTSINAS

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2024-04840 The People, etc., respondent, v Tobias E. Darden, appellant. (Ind. No. 71480/2023)

ORDER TO SHOW CAUSE

Appeal from a judgment of the County Court, Suffolk County, rendered April 25, 2024. 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 relation thereto, it is

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the resentence was untimely (see CPL 460.30), by uploading an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before October 23, 2024, or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:

Laurette D. Mulry

Legal Aid Society of Suffolk County

300 Center Drive, PO Box 1697

Riverhead, NY 11901-3398

and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at the appellant's last known place of residence, or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

BRATHWAITE NELSON, J.P., VOUTSINAS, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court