People v Bautista, Roberto
Motion No: 2004-11302
Slip Opinion No: 2006 NYSlipOp 69069(U)
Decided on May 22, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39860

S/sl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2004-11302

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 December 8, 2004. The appeal has not been perfected.

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 June 16, 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 upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

CRANE, J.P., SPOLZINO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court