People v Nelson, Leighton
Motion No: 2024-07790
Slip Opinion No: 2024 NY Slip Op 78622(U)
Decided on November 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300826

KS/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2024-07790

The People, etc., respondent,

v Leighton Nelson, appellant.

(Ind. No. 226/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered May 26, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Cross-motion by the respondent to dismiss the appeal on the ground that the notice of appeal was untimely filed.

Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent is granted and the appeal is dismissed (see CPL 460.30); and it is further,

ORDERED that the motion by the appellant is denied as academic.

DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court