| People v Shell, Antoine |
| Motion No: 2006-06311 |
| Slip Opinion No: 2010 NY Slip Op 73679(U) |
| Decided on June 8, 2010 |
| 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
M103898
S/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
|
2006-06311 The People, etc., respondent, v Antoine Shell, appellant. (Ind. No. 17/04)
| DECISION & ORDER ON MOTION |
Motion by David Goodman, Esq., counsel assigned to prosecute an appeal from a resentence of the County Court, Dutchess County, imposed June 6, 2006, pursuant to chapter 643 of the Laws 2005, 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 March 23, 2010, 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 he has abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the court's own motion and no papers having been filed in response thereto, it is
ORDERED that the appeal is dismissed; and it is further,
ORDERED that the motion by assigned counsel to be relieved is granted.
SKELOS, J.P., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court