Appellate Division: Second Judicial Department

M87402

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2007-10704 The People, etc., respondent, v Shernett Reevey, appellant. (Ind. No. 255/06)

ORDER TO SHOW CAUSE

Motion by assigned counsel, in effect, to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered November 8, 2007, on the ground that the appellant has absconded and is no longer available to comply with the mandate of the court.

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

ORDERED that on the court's own motion, the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant has absconded and is no longer available to comply with the mandate of the court (see People v People v Taveras, 10 NY3d 227; People v Diaz, 7 NY3d 831; People v Smith, 44 NY2d 613), by filing an affidavit on that issue with the Clerk of this court on or before June 29, 2009; and it is further,

ORDERED that assigned counsel's motion 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 District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court