Appellate Division: Second Judicial Department

M61943

T/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

On the court's own motion, it is

ORDERED that its order to show cause dated October 22, 2007, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by counsel retained to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered February 27, 2007, to withdraw as counsel, to grant the appellant leave to prosecute the appeal 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 December 3, 2007; and it is further,

ORDERED that the motion by retained 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