| People v Boehm, Robert |
| Motion No: 2004-08540 |
| Slip Opinion No: 2007 NYSlipOp 63090(U) |
| Decided on February 13, 2007 |
| 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. |
Appellate Division: Second Judicial Department
M50748
E/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
DANIEL D. ANGIOLILLO, JJ.
|
2004-08540 The People, etc., respondent, v Robert Boehm, appellant. (Ind. No. 921/03)
| DECISION & ORDER ON MOTION |
Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 15, 2004, to be relieved on the ground that the appellant has, in effect, abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated December 12, 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 he abandoned the appeal and the motion by assigned counsel to be relieved was held in abeyance. Motion by the appellant pro se for leave to file a supplemental brief.
Upon the papers filed in support of the motions and the order to show cause, and no other papers having been filed in opposition or relation thereto, it is
ORDERED that the order to show cause to dismiss the appeal is denied; and it is further,
ORDERED that the motion by assigned counsel to be relieved is denied; and it is further,
ORDERED that on or before March 16, 2007, assigned counsel is directed to file a brief pursuant to Anders v California (386 US 738); and it is further,
ORDERED that the motion by the appellant pro se for leave to file a supplemental brief is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court