| People of State of New York v Mastapha Ahariache |
| Motion No: 2014-00203 KCR |
| Slip Opinion No: 2014 NY Slip Op 93570(U) |
| Decided on December 17, 2014 |
| 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
ORDER TO SHOW CAUSE
| The People of the State of New York, Respondent, v Mastapha Ahariache, Appellant. |
Motion by Joseph DeFelice, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 10, 2013, in effect, to be relieved on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that appellant is 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 has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before January 16, 2015; and it is further,
ORDERED that the motion by assigned counsel, in effect, to be relieved is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon appellant at his last known place of residence, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60 (2).
ENTER:
Paul Kenny
Chief Clerk