Appellate Division: Second Judicial Department

M173727

E/sl

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

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

DECISION & ORDER ON MOTION

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. By order to show cause dated March 11, 2014, the appellant was 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 had abandoned the appeals, and assigned counsel's motion was held in abeyance in the interim

Now, 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 and the papers filed in relation thereto it is

ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed (see 22 NYCRR 670.8[f]); and it is further,

ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.

ENG, P.J., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court