People v Marte, Manuel
Motion No: 2003-01653
Slip Opinion No: 2006 NYSlipOp 70347(U)
Decided on June 14, 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

M40798

Y/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2003-01653

The People, etc., respondent,

v Manuel Marte, appellant.

(Ind. No. 10257/02)

DECISION & ORDER ON MOTION

Appeal by Manuel Marte from a judgment of the Supreme Court, Queens County, rendered January 29, 2003. 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 in the above-entitled proceeding as abandoned, by filing an affirmation or affidavit on that issue in the office of the Clerk of this court.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

MILLER, J.P., ADAMS, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court