Appellate Division: Second Judicial Department

M170793

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-07325, 2012-04165 The People, etc., respondent, v Mamadou Diallo, appellant. (S.C.I. No. 952/10)

ORDER TO SHOW CAUSE

Motion by counsel assigned to prosecute appeals from a judgment of the Supreme Court, Queens County, rendered April 19, 2011, and a resentence of the same court imposed October 4, 2011, in effect, to be relieved on the ground that the appellant has abandoned the appeals, by failing to respond to correspondence sent to him and telephone calls made to him by assigned counsel.

Upon the papers filed in support of the motion and the papers filed in relattion and 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 appeals on the ground that he has abandoned the appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 11, 2014; and it is further,

ORDERED that assigned counsel's motion is held in abeyance in the interim; 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).

RIVERA, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court