| People v Hernandez, Carlos, a/k/a Lebron, Gabriel |
| Motion No: 2006-06127 |
| Slip Opinion No: 2008 NYSlipOp 75132(U) |
| Decided on June 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. |
Appellate Division: Second Judicial Department
M71945
E/sl
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2006-06127 The People, etc., respondent, v Carlos Hernandez, a/k/a Gabriel Lebron, appellant. (Ind. No. 1926/04)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel for the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered June 13, 2006, 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 January 28, 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 he 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 the papers filed in response thereto, and upon the papers filed in support of the motion to be relieved 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.
SANTUCCI, J.P., ANGIOLILLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court