Appellate Division: Second Judicial Department

M137022

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2009-05015 The People, etc., respondent, v Darnell Warren, appellant. (Ind. No. 7518/01)

ORDER TO SHOW CAUSE

Appeal by Darnell Warren from a resentence of the Supreme Court, Kings County, imposed May 15, 2009. By decision and order on motion of this Court dated August 17, 2009, the appellant's motion to prosecute the appeal as a poor person and for the assignment of counsel was denied with leave to renew. The appellant has not responded to the Court's subsequent written requests that he submit copies of renewed motion papers.

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why an order should or should not be entered dismissing the appeal as abandoned and deeming the motion for reargument withdrawn by filing an affirmation or affidavit on that issue with the Clerk of the Court on each other on or before May 31, 2012; and it is further,

ORDERED that the Clerk of this Court or her 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).

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court