| People v Jimenez, Miguel |
| Motion No: 2006-05297 |
| Slip Opinion No: 2007 NYSlipOp 81000(U) |
| Decided on October 17, 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
M61159
E/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2006-05297 The People, etc., respondent, v Miguel Jimenez, appellant. (Ind. No. 10666/04)
| 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 March 15, 2006, 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 August 2, 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 motion to dismiss the appeal and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and 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., FISHER, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court