Appellate Division: Second Judicial Department

M112576

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

SHERI S. ROMAN, JJ.

2009-02532 The People, etc., respondent, v Derrick Richard, appellant. (Ind. No. 11877/98)

ORDER TO SHOW CAUSE

Motion by Steven Banks, counsel for the appellant, in effect, to be relieved as counsel on an appeal from a resentence of the Supreme Court, Kings County, imposed February 20, 2009, on the ground that the appeal has been rendered academic by an order of the same court dated March 12, 2010, vacating the post-release supervision imposed February 20, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 appeal has been rendered academic by an order of the same court dated March 12, 2010, vacating the post-release supervision imposed February 20, 2009, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 12, 2011; and it is further,

ORDERED that the motion by assigned counsel, in effect, to be relieved 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 attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., COVELLO, SANTUCCI and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court