People v Rabsatt, Rodney
Motion No: 2005-05986
Slip Opinion No: 2008 NYSlipOp 66670(U)
Decided on March 17, 2008
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

M66660

F/

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2005-05986

The People, etc., respondent,

v Rodney Rabsatt, appellant.

(Ind. No. 6812/03)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 16, 2005 .

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

ORDERED that the motion is denied without prejudice to renew if, on or before April 18, 2008, the defendant fails to (1) move for leave to prosecute the appeal as a poor person and for the assignment of counsel, (2) inform this court that he has retained counsel and the name, address, and phone number of retained counsel, or (3) perfect the appeal.

RIVERA, J.P., RITTER, CARNI, and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court