People v Chavez, Elmer
Motion No: 2011-00347
Slip Opinion No: 2015 NY Slip Op 74721(U)
Decided on June 1, 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

M193041

E/sl

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2011-00347, 2011-00895

The People, etc., respondent,

v Elmer Chavez, appellant.

(Ind. No. 1009/09)

ORDER TO SHOW CAUSE

Appeals by Elmer Chavez from a judgment of the Supreme Court, Queens County, rendered December 22, 2010, and a resentence of the same court imposed January 13, 2011. By decision and order on motion of this Court dated February 10, 2015, the appellant's motion, inter alia, for leave to prosecute the appeals as a poor person was denied, with leave to renew on or before April 17, 2015. The appellant has not moved to renew his prior motion.

Now, on the Court's own motion, it is

ORDERED that the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals as abandoned (see 22 NYCRR 670.8[f]), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 1, 2015; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

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

ENTER:

Aprilanne Agostino

Clerk of the Court