Appellate Division: Second Judicial Department

M307941

AFA/

FRANCESCA E. CONNOLLY, J.P.

HELEN VOUTSINAS

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2024-08846 The People, etc., respondent, v Alamin Ahmed, appellant. (Ind. No. 70245/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered July 6, 2023. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. By order to show cause dated January 27, 2025, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30), counsel was assigned to respond to the order to show cause, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted without prejudice to making 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 the appellant's motion is denied as academic.

CONNOLLY, J.P., VOUTSINAS, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court