Appellate Division: Second Judicial Department

M39301

S/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-07087 The People, etc., respondent, v Scott D. Torrellas, appellant. (Ind. No. 14/02)

ORDER TO SHOW CAUSE

Motion by Dutchess County Public Defender, counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered July 23, 2004, to be relieved of the assignment on the ground that the appellant has not responded to letters sent to him by assigned counsel regarding the prosecution of the appeal.

On the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before May 26, 2006; and it is further,

ORDERED that the motion by assigned counsel to be relieved 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 his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

ADAMS, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court