Appellate Division: Second Judicial Department

M39260

S/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2004-09799 The People, etc., respondent, v Roberto Bautista, appellant. (Ind. No. 3189/02)

ORDER TO SHOW CAUSE

Appeal by Roberto Bautista from a judgment of the Supreme Court, Queens County, rendered October 15, 2004. By decision and order on motion dated February 28, 2006, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was denied with leave to renew upon proper papers, on or before April 6, 2006. The appellant has not renewed that motion.

Now, upon the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before May 26, 2006; 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 his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), and the District Attorney, by regular mail.

MILLER, J.P., SCHMIDT, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court