People v Valencia, Juan
Motion No: 2008-00553
Slip Opinion No: 2008 NYSlipOp 74131(U)
Decided on June 9, 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

M71563

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

MARK C. DILLON, JJ.

2008-00553

The People, etc., respondent,

v Juan Valencia, appellant.

(S.C.I. No. 07-00863)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from a judgment of the County Court, Westchester County, rendered December 3, 2007, to be relieved of the assignment on the ground that the appellant failed to communicate with counsel. Separate motion by the respondent to dismiss the appeal on the ground that the appellant has abandoned the appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted, and the appeal is dismissed.

RIVERA, J.P., RITTER, MILLER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court