| People v Goines, Anthony |
| Motion No: 2005-08180 |
| Slip Opinion No: 2007 NYSlipOp 68296(U) |
| Decided on April 27, 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
M53846
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
PETER B. SKELOS
WILLIAM E. McCARTHY, JJ.
|
2005-08180 The People, etc., respondent, v Anthony Goines, appellant. (Ind. No. 2861/04)
| 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 June 30, 2005, 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 27, 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 has abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.
Upon 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]); and it is further,
ORDERED that the motion by assigned counsel to be relieved is granted.
PRUDENTI, P.J., FLORIO, SKELOS and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court