| People of State of New York v John Hitchcock |
| Motion No: 2009-02062 wcr |
| Slip Opinion No: 2010 NY Slip Op 90465(U) |
| Decided on December 2, 2010 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v John Hitchcock, Appellant. |
Motion by Randall Richards, Esq., counsel assigned to prosecute an appeal from a judgment of conviction of the City Court of Peekskill, Westchester County, rendered August 27, 2009, to be relieved on the ground that appellant has, in effect, abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. Cross motion by respondent to dismiss the appeal on the ground that appellant has, in effect, abandoned the appeal.
Upon the papers filed in support of the motion and the cross motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion and cross motion are granted, Randall Richards, Esq., assigned counsel for appellant is relieved, and the appeal is dismissed (see People v Dubrey, 217 AD2d [1995]; People v Cullum, 170 AD2d 524 [1991]; People v Velez, 156 AD2d 741 [1989]; People v Jinks, 140 AD2d 371, 372 [1988]).
ENTER:
Paul Kenny
Chief Clerk