| People v Gordillo, Fausto |
| Motion No: 2013-02824 |
| Slip Opinion No: 2015 NY Slip Op 73691(U) |
| Decided on May 20, 2015 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M192517
E/ct
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2013-02824 The People, etc., respondent, v Fausto Gordillo, appellant. (Ind. No. 3374/12)
| DECISION & ORDER ON MOTION |
Motion by Seymour W. James, Jr., counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered February 21, 2013, in effect, to be relieved on the ground that assigned counsel is unable to locate or contact the appellant. By order to show cause dated March 20, 2015, the 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 the appellant has abandoned the appeal, and the motion by assigned counsel, in effect, to be relieved 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 appeal is granted and the appeal is 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.
LEVENTHAL, J.P., COHEN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court