People of State of New York v Orville Kitson
Motion No: 2024-00591 KCR
Slip Opinion No: 2025 NY Slip Op 70216(U)
Decided on May 23, 2025
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MARINA CORA MUNDY, J.P.

CHEREÉ A. BUGGS

JOANNE D. QUIÑONES, JJ.

DECISION & ORDER ON MOTION

2024-591 K CR
The People of the State of New York, Respondent, v Orville Kitson, Appellant.

Appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered August 3, 2022.

On the court's own motion, it is

ORDERED that the appeal is stricken from the general calendar on the ground that it appears that the notice of appeal was defective and not properly amended; and it is further,

ORDERED that the motion for an extension of time to perfect the appeal and the motion requesting permission to file an abridged record are held in abeyance in the interim.

A timely notice of appeal was filed on September 1, 2022, purporting to appeal to the Appellate Division, Second Department. More than 19 months later, a document dated June 14, 2024, entitled Amended Notice of Appeal, was filed with the Appellate Term, appealing the judgment of conviction to the Appellate Term. There is no indication that a motion was made in the trial court to correct the defective notice of appeal.

ENTER:

Paul Kenny

Chief Clerk