Appellate Division: Second Judicial Department

M308506

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2023-03842, 2025-11907 The People, etc., respondent, v Carlton E. Naughton, appellant. (Ind. No. 70095/2022)

ORDER TO SHOW CAUSE

Appeals from two judgments of the County Court, Westchester County, rendered March 24, 2023, and November 18, 2022, respectively. Motion by appellant pro se to relieve counsel assigned to prosecute the appeals and for the assignment of new counsel. The appellant's motion for waiver of costs, fees, and expenses and for the assignment of counsel was granted on October 30, 2024, and the following named attorney was assigned as counsel to prosecute the appeals:

Lisa H. Blitman

127 West 83rd St., #710

New York, NY 10024

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

Thomas R. Villecco

30 Wall Street, 8th Fl.

New York, NY 10005

and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,

ORDERED that the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken; and it is further,

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 from the judgment rendered November 18, 2022, was untimely (see CPL 460.30), 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 November 7, 2025, or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed; 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).

BRATHWAITE NELSON, J.P., FORD, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's address:

22-B-5243

Fishkill Corr. Fac.

P.O. Box 1245

Beacon, NY 12508-0307