| People of State of New York v Wiver Rivera |
| Motion No: 2013-01890 QCR |
| Slip Opinion No: 2015 NY Slip Op 68392(U) |
| Decided on March 18, 2015 |
| 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.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Wiver Rivera, Appellant. |
Motion by Nao Terai, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered May 22, 2013, to be relieved on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated February 2, 2015, 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 he had abandoned the appeal, and the motion by assigned counsel 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 and the papers filed in response 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