Appellate Division: Second Judicial Department

M312116

ID/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2025-15385 The People, etc., respondent, v Jesse W. Johnson, appellant. (Ind. Nos. 70745/2023, 7131/2023, 392/2023)

ORDER TO SHOW CAUSE

Appeal from a judgment of the County Court, Orange County, rendered May 13, 2025. Application by Frank J. Labuda on behalf of the defendant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).

On the Court's own motion, it is

ORDERED that 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 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 April 24, 2026, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause:

Kenyon C. Trachte

1662 Route 300, Mailbox #12

Newburgh, NY 12550

and it is further,

ORDERED that the application is held in abeyance in the interim; 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).

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court