Appellate Division: Second Judicial Department

M261098

E/mm

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-13999 The People, etc., respondent, v Baruc Velez, appellant. (Ind. No. 8801/10)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned trial counsel for poor person relief and the assignment of counsel with respect to an appeal from a judgment of the Supreme Court, Kings County, rendered September 14, 2018. By order to show cause dated January 18, 2019, 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 has absconded and is no longer available to comply with the mandate of the Court and the motion by assigned trial counsel 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 the motion by the appellant's assigned trial counsel and the papers filed in relation 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 the motion by assigned trial counsel is denied as academic.

MASTRO, J.P., DILLON, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court