People v Vargas, Kenneth
Motion No: 2006-05445
Slip Opinion No: 2007 NYSlipOp 82232(U)
Decided on October 26, 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

M61622

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ANITA R. FLORIO

MARK C. DILLON, JJ.

2006-05445

The People, etc., respondent,

v Kenneth Vargas, appellant.

(Ind. No. 20102/05)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered May 3, 2006. By decision and order on motion dated August 18, 2006, the appellant's motion for leave to prosecute the appeal as a poor person, and for the assignment of counsel was denied with leave to renew on or before October 16, 2006. The appellant has not renewed his motion or perfected the appeal. By order to show cause dated March 15, 2007, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]).

Upon the order to show cause 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 as abandoned (see 22 NYCRR 670.8[f]).

CRANE, J.P., GOLDSTEIN, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court