People v Smith, Lorenzo
Motion No: 2016-07033
Slip Opinion No: 2018 NY Slip Op 64168(U)
Decided on February 15, 2018
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

M246123

E/afa

SHERI S. ROMAN, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2016-07033

The People, etc., respondent

v Lorenzo Smith, appellant.

(Ind. No. 13-00486)

DECISION & ORDER ON MOTION

Motion by Bennet Goodman, counsel assigned to prosecute an appeal from an amended judgment of the Supreme Court, Westchester County, rendered June 2, 2014, to be relieved of the assignment on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated November 28, 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 abandoned the appeal, and assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that assigned counsel's motion is granted.

ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court