Appellate Division: Second Judicial Department

M71621

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2007-01932 The People, etc., respondent, v Ricardo Jackson, appellant. (Ind. No. 06-00384)

DECISION & ORDER ON MOTION

Motion by Richard L. Herzfeld, counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 2, 2007, to be relieved on the ground that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated May 9, 2008, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that she had abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the motion by assigned counsel to be relieved is granted.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court