Appellate Division: Second Judicial Department

M54636

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09074 The People, etc., respondent, v David Williams, appellant. (Ind. No. 04-00059)

DECISION & ORDER ON MOTION

Motion by David L. Rich, Esq., counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered October 4, 2004, in effect, to be relieved on the ground that the appellant has abandoned the appeal. 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 had abandoned the appeal and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion, in effect, to be relieved and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed as abandoned (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]); and it is further,

ORDERED that the motion by assigned counsel to be relieved is granted.

CRANE, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court