Appellate Division: Second Judicial Department

M42195

J/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

1997-04062 The People, etc., respondent, v Daniel Owens, appellant. (Ind. No. 4187/94)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered April 10, 1997. By decision and order on motion dated July 28, 1997, the defendant'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. The defendant has not renewed the motion and the appeal has not been perfected.

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 August 14, 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, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MILLER, J.P., KRAUSMAN, SPOLZINO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court