People v Fremont, Jean
Motion No: 2017-08427
Slip Opinion No: 2018 NY Slip Op 90374(U)
Decided on December 7, 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

M258053

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2017-08427

The People, etc., respondent,

v Jean Fremont, appellant.

(Ind. No. 6927/15)

DECISION & ORDER ON MOTION

2017-10267

The People, etc., respondent,

v Jean Fremont, appellant.

(Ind. No. 936/15)

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered June 26, 2017, under Indictment No. 6927/15, 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 October 19, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing that appeal on the ground that the appellant had abandoned that appeal, and assigned counsel's motion was held in abeyance in the interim. Application to withdraw the appeal from the judgment rendered June 26, 2017, under Indictment No. 6927/15, as well as an appeal from a judgment of the same court rendered June 26, 2017, under Indictment No. 936/15.

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

ORDERED that the application is granted and the appeals are deemed dismissed; and it is further,

ORDERED that the motion to dismiss the appeal from the judgment rendered June 26, 2017, under Indictment No. 6927/15, and assigned counsel's motion are denied as academic.

BALKIN, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court