| People of State of New York v Orville Kitson |
| Motion No: 2024-00591 KCR |
| Slip Opinion No: 2025 NY Slip Op 77523(U) |
| Decided on September 25, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
CHEREÉ A. BUGGS, J.P.
LISA S. OTTLEY
JOANNE D. QUIÑONES, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Orville Kitson, Appellant. |
Motions by appellant for an extension of time to perfect an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered August 3, 2022, and for permission to file an abridged record. By decision and order of this court dated May 23, 2025, this appeal was stricken from the general calendar and appellant's motions were held in abeyance in the interim.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, and upon the court's own motion, it is
ORDERED that this appeal is restored to the general calendar; and it is further,
ORDERED that the motion to proceed on an abridged record is granted; and it is further,
ORDERED that the motion to extend the time to perfect the appeal is granted and the appeal shall be perfected on or before November 24, 2025; and it is further,
ORDERED that in the event the appeal is not perfected by November 24, 2025, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may, if appellant is unrepresented, serve such motion upon appellant in person.
Appellant avers that the only issues on appeal are the Criminal Court's jury instruction on the defense of justification and the Criminal Court's decision in denying defendant's motion for a mistrial and that it is unnecessary to transcript certain portions of the trial in order to decide those issues. Under the circumstances, and in the absence of opposition, the motion is granted (see 22 NYCRR 731.9 [b] [2]).
ENTER:
Paul Kenny
Chief Clerk