| People of State of New York v Jose Asitimbay |
| Motion No: 2016-00835 QCR |
| Slip Opinion No: 2019 NY Slip Op 71221(U) |
| Decided on May 17, 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.
MICHELLE WESTON
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Jose Asitimbay, Appellant. |
Appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered March 18, 2016. Assigned counsel submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which she moved for leave to withdraw as counsel for appellant, and advised this court that appellant did not respond to correspondence sent to him by assigned counsel. By order to show cause dated April 18, 2019, appellant was directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal.
Upon the order to show cause and no papers having been filed in response thereto, and upon the motion by assigned counsel, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that assigned counsel's motion to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk