| People of State of New York v Jesus A. Nunez |
| Motion No: 2017-00200 NCR |
| Slip Opinion No: 2018 NY Slip Op 65661(U) |
| Decided on February 20, 2018 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Jesus A. Nunez, Appellant. |
Motion N. Scott Banks, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered October 27, 2016, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated November 17, 2017, 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 he had abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk