Appellate Division: Second Judicial Department

M61342

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2007-02206 The People, etc., respondent, v Roger Helenese, appellant. (Ind. No. 2525/05)

ORDER TO SHOW CAUSE

Motion by counsel retained to prosecute an appeal from a judgment of the Supreme Court, Queens County, to withdraw as counsel, to grant the appellant leave to prosecute the appeal as as poor person, and for the assignment of counsel to prosecute the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the appellant 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, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 23, 2007; and it is further,

ORDERED that the motion by assigned counsel to be relieved is held in abeyance in the interim; 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 attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

RITTER, J.P., SANTUCCI, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court