Appellate Division: Second Judicial Department

M95181

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-01967 The People, etc., respondent, v Rashan Knox, appellant. (Ind. No. 59/08)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the County Court, Dutchess County, rendered January 26, 2009. By decision and order on motion dated May 28, 2009, the appellant's motion for leave to prosecute the appeal as a poor person, and for the assignment of counsel was denied with leave to renew on or before June 24, 2009. The appellant has not renewed his motion or perfected the appeal.

Now, on the court's own motion, it is

ORDERED that the appellant is directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before December 30, 2009; 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, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court