Appellate Division: Second Judicial Department

M265570

kbp/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2017-11455 The People, etc., respondent, v Angel Rosales, appellant. (Ind. No. 5541/17)

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered October 6, 2017, in effect, to be relieved on the ground that the appellant has absconded and is no longer available to comply with the mandate of the Court.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order 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 (see People v Taveras, 10 NY3d 227), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before September 30, 2019; and it is further,

ORDERED that the motion by assigned counsel is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court