People v Farrar, Menelik
Motion No: 2016-12368
Slip Opinion No: 2017 NY Slip Op 95302(U)
Decided on December 12, 2017
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

M242044

E/ct

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2016-12368

The People, etc., respondent,

v Menelik Farrar, appellant.

(Ind. No. 14-01325)

DECISION & ORDER ON MOTION

Appeal by Menelik Farrar from a judgment of the County Court, Westchester County, rendered September 21, 2016. Assigned counsel submitted a brief in accordance with Anders v California (386 US 738), in which he moved for leave to withdraw as counsel for the appellant. By order to show cause dated September 12, 2017, 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 had absconded and was no longer available to comply with the mandate of the Court, and assigned counsel's motion pursuant to Anders v California (386 US 738) was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see People v Taveras, 10 NY3d 227); and it is further,

ORDERED that assigned counsel's motion pursuant to Anders v California (386 US 738) is denied as academic.

MASTRO, J.P., HALL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court