People v Konate, Hamassi
Motion No: 2014-01002
Slip Opinion No: 2015 NY Slip Op 73693(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M192518

E/ct

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2014-01002

The People, etc., respondent,

v Hamassi Konate, appellant.

(Ind. No. 193/13)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered August 12, 2013, in effect, to be relieved on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. 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 the papers 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, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court