People v Pride, Edward
Motion No: 2005-03702
Slip Opinion No: 2007 NYSlipOp 75046(U)
Decided on August 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M58098

E/mv

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-03702

The People, etc., respondent,

v Edward Pride, appellant.

(Ind. No. 2600/04)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Kings County, rendered March 21, 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 March 29, 2007, 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 in the interim.

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

ORDERED that the order to show cause to dismiss the appeal is granted, and the appeal is dismissed; and it is further,

ORDERED that assigned counsel's motion is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court