Appellate Division: Second Judicial Department

M217800

J/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SANDRA L. SGROI, JJ.

2010-09551 The People, etc., respondent, v Darrien Charles, also known as Darryl Carrington, appellant. (Ind. No. 340-10)

ORDER TO SHOW CAUSE

Motion by Arza Feldman, counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 24, 2010, in effect, to be relieved on the ground that the appeal has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the 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 the appeal has been rendered academic as the plea underlying the judgment rendered March 24, 2010, has been vacated, by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before October 21, 2016; and it is further,

ORDERED that the motion is held in abeyance in the interim; 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's last known place of residence or, if the appellant is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

BALKIN, J.P., LEVENTHAL, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court