Appellate Division: Second Judicial Department

M310742

DB/jr

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

ELENA GOLDBERG VELAZQUEZ, JJ.

2025-13936 The People, etc., respondent, v Tashawn Rice, appellant, et. al., defendant. (Ind. No. 70262/2025)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated October 8, 2025. Application by the defendant pursuant to Criminal Procedure Law § 380.55(2), for waiver of costs, fees, and expenses, and for the assignment of counsel. By order to show cause dated December 12, 2025, the appellant was directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that the order dated October 8, 2025, is neither appealable as of right nor by permission (see CPL 450.10, 450.15), and the appellant's application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in relation thereto, and upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the application is denied as academic.

BARROS, J.P., BRATHWAITE NELSON, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court