Appellate Division: Second Judicial Department

M57990

S/nl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2005-00784 The People, etc., respondent, v Keith Davis, appellant. (Ind. No. 9148/01)

ORDER TO SHOW CAUSE

Appeal by Keith Davis from a resentence of the Supreme Court, Kings County, imposed November 1, 2004. The appellant's motion for poor person relief and the assignment of counsel was granted on February 25, 2005, and he was assigned an attorney to prosecute this appeal and an appeal from a judgment under the same indictment number rendered July 14, 2003 (Appellate Division Docket No. 2004-09776). Assigned Counsel filed a brief on December 14, 2006, but did not raise any issues in connection with the resentence imposed November 1, 2004.

Now, on the court's own motion, it is

ORDERED that the appellant or his attorney show cause before this court why an order should or should not be entered dismissing the appeal from the resentence on the ground that he has abandoned that appeal by filing an affirmation or an affidavit on that issue with the Clerk of this court on or before August 31, 2007; 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 District Attorney, by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court