People v Sims, Nathaniel
Motion No: 2009-10849
Slip Opinion No: 2020 NY Slip Op 65842(U)
Decided on May 1, 2020
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M270659

kbp/

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

ANGELA G. IANNACCI, JJ.

2009-10849

The People, etc., respondent,

v Nathaniel Sims, appellant.

(Ind. No. 09-00779)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from a judgment of the County Court, Westchester County, rendered October 13, 2009, to be relieved on the ground that the appellant has abandoned the appeal by failing to communicate with assigned counsel. Cross motion by the respondent to dismiss the appeal on the ground that the appellant has abandoned the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the cross motion is granted, and the appeal is dismissed.

MASTRO, J.P., LEVENTHAL, ROMAN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court