Opinion
Motion No: 2016-00657 SCR
06-28-2016
The People of the State of New York, Respondent, v. James Mauro, Appellant.
ANGELA G. IANNACCI
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Suffolk County, First District, purportedly rendered March 2, 2016, and from an order of the same court dated March 2, 2016, modifying the terms of probation, as a poor person, and for the assignment of counsel. By decision and order on motion dated May 13, 2016, the Appellate Division, Second Judicial Department, transferred the appeal to this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,
ORDERED that appellant's motion is denied as academic.
A judgment of conviction was rendered in the above-captioned matter on October 28, 2015, and no appeal was timely taken therefrom. No appeal lies from the order dated March 2, 2016 modifying the terms of probation (see People v Pagan, NY3d 368, 369 [2012]; People v Lavare, 112 AD3d 1074, 1075 [2013]).
ENTER:
Paul Kenny
Chief Clerk