People v Percinthe, Smith
Motion No: 2019-10324
Slip Opinion No: 2026 NY Slip Op 60765(U)
Decided on January 16, 2026
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M310711

DF/HECTOR D. LASALLE, P.J.

HELEN VOUTSINAS

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2019-10324

The People, etc., respondent,

v Smith Percinthe, appellant.

(Ind. No. 6834/2017)

DECISION & ORDER ON MOTION

2025-13118

The People, etc., plaintiff,

v Smith Percinthe, defendant.

(Ind. No. 6834/2017)

Appeal from a judgment of the Supreme Court, Kings County, rendered August 26, 2019. Motion by the defendant for leave to prosecute an appeal from and order of the same court dated September 17, 2025, as a person with insufficient means to pay costs, fees, and expenses and for the assignment of counsel, and to consolidate the appeal from the judgment with the appeal from the order.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied as academic as the defendant's application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated September 17, 2025, is being denied by decision and order on application decided herewith.

LASALLE, P.J., VOUTSINAS, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court