| People of State of New York v Jose D. Espinal-collado |
| Motion No: 2008-01499 wcr |
| Slip Opinion No: 2011 NY Slip Op 78112(U) |
| Decided on July 5, 2011 |
| 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
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Jose D. Espinal-Collado, Appellant. |
Motion by Ronnie James Ritz, counsel assigned to prosecute an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered February 20, 2003, in effect, to be relieved on the ground that appellant has, in effect, abandoned the appeal by failing to respond to correspondence from assigned counsel. By order to show cause dated March 8, 2011, 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 had abandoned the appeal, and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk