People v Hercules, Augustine
Motion No: 2004-03684
Slip Opinion No: 2006 NYSlipOp 69948(U)
Decided on June 6, 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

M40476

Y/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03684

The People, etc., respondent,

v Augustine Hercules, appellant.

(Ind. No. 2282/03)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered March 25, 2004. By order to show cause dated April 20, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned.

Now, on the court's own motion, and the papers filed in opposition and relation to the order to show cause, it is

ORDERED that the order to show cause is denied.

CRANE, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court