Appellate Division: Second Judicial Department

M256914

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2017-04930 The People, etc., respondent, v Duquane Boynton, appellant. (Ind. No. 8982/16)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered March 29, 3017, in effect, to be relieved 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 August 10, 2018, 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 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 denied; and it is further,

ORDERED that assigned counsel's motion is denied.

RIVERA, J.P., DILLON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court