People of State of New York v Fernandez
Motion No: 2016-03426
Slip Opinion No: 2016 NY Slip Op 91810(U)
Decided on November 17, 2016
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

M221288

E/afa

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2016-03426

People of State of New York, respondent,

v Alejandro A. Fernandez, appellant.

DECISION & ORDER ON MOTION

Motion by Laurette D. Mulry, counsel assigned to prosecute an appeal from an order of the County Court, Suffolk County, dated March 3, 2016, in effect, to be relieved on the ground that the order was entered upon the consent of the appellant. By order to show cause dated August 30, 2016, 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 order was entered upon his consent, and assigned counsel's motion 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 assigned counsel's 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 CPLR 5511); and it is further,

ORDERED that assigned counsel's motion is granted.

ENG, P.J., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court