Appellate Division: Second Judicial Department

M305965

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2024-02015 The People, etc., respondent, v Tarell Herbert, appellant. (Ind. No. 8446/2017)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Kings County, rendered November 8, 2023. Motion by the appellant for waiver of costs, fees, and expenses 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 was untimely (see CPL 460.30), and/or that no judgment was rendered on November 8, 2023, 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 July 18, 2025, or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed or to make an application for a writ of error coram nobis seeking leave to file a late notice of appeal from the judgment pursuant to People v Syville (15NY3d 391); 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:

Twyla Carter

The Legal Aid Society

199 Water Street - 5th Floor

New York, NY 10038

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).

BARROS, J.P., LANDICINO, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court