| People of State of New York v Diego Lopez |
| Motion No: 2017-00838 RICR |
| Slip Opinion No: 2019 NY Slip Op 74262(U) |
| Decided on June 18, 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 Diego Lopez, Appellant. |
Motion by counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered March 23, 2017, in effect, to be relieved as counsel, on the ground that appellant has absconded and is no longer available to comply with the mandate of this court. By order to show cause dated May 9, 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 absconded and is no longer available to comply with the mandate of this court, and the motion by assigned counsel, in effect, 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, in effect, to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk