People v Tomlin, Darnell, a/k/a Tomlin, Donnell
Motion No: 2001-03266
Slip Opinion No: 2006 NYSlipOp 78239(U)
Decided on October 20, 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

M45924

C/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

MARK C. DILLON

JOSEPH COVELLO, JJ.

2001-03266

The People, etc., respondent,

v Darnell Tomlin, a/k/a Donnell Tomlin,

appellant.

(Ind. No. 2270/00)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered April 5, 2001. By order to show cause dated September 19, 2006, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the appellant has abandoned the appeal, by filing an affirmation or affidavit on that issue in the office of the Clerk of this court on or before October 13, 2006.

Upon the order to show cause and no papers having been filed in support or opposition to the motion, it is

ORDERED that the motion is denied.

The appellant has filed a brief with this court.

PRUDENTI, P.J., SCHMIDT, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court