| People of State of New York v Joshua M. Lespier |
| Motion No: 2010-01989 dcr |
| Slip Opinion No: 2012 NY Slip Op 92064(U) |
| Decided on November 27, 2012 |
| 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 2nd, 11th & 13th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Joshua M. Lespier, Appellant. |
Motion by the Dutchess County Public Defender, counsel assigned to prosecute an appeal from a judgment of conviction of the Justice Court of the City of Beacon, Dutchess County, rendered July 29, 2010, in effect, to be relieved on the ground that appellant has abandoned the appeal. By order to show cause dated August 26, 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 appellant 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 no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been 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 to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk