Appellate Division: Second Judicial Department

M90013

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

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

DECISION & ORDER ON MOTION

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. By order to show cause dated June 2, 2009, the appellant was 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 had absconded and was 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), and assigned counsel's motion was held in abeyance in the interim.

Upon the order to show cause and no 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 (see People v People v Taveras, 10 NY3d 227; People v Diaz, 7 NY3d 831; People v Smith, 44 NY2d 613); and it is further,

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

FLORIO, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court