| People of State of New York v Malec Michell |
| Motion No: 2018-00423 QCR |
| Slip Opinion No: 2019 NY Slip Op 69292(U) |
| Decided on April 22, 2019 |
| 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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Malec Michell, Appellant. |
Motion by Martin Goldberg, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered January 23, 2018, in effect, to be relieved as counsel on the ground that appellant had abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated February 5, 2019, 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 by failing to respond to correspondence sent to him by assigned counsel, 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 to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk