People v Bautista, Roberto
Motion No: 2004-09799
Slip Opinion No: 2006 NYSlipOp 70101(U)
Decided on June 8, 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

M40565

E/sl

ROBERT W. SCHMIDT, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2004-09799

The People, etc., respondent,

v Roberto Bautista, appellant.

(Ind. No. 3189/02)

DECISION & ORDER ON MOTION

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 did not renew that motion. By order to show cause dated May 5, 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.

On the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as abandoned (see 22 NYCRR 670.8[f]).

SCHMIDT, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court