| People v Abellard, Jimmy |
| Motion No: 2017-02696 |
| Slip Opinion No: 2020 NY Slip Op 73981(U) |
| Decided on October 30, 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. |
Appellate Division: Second Judicial Department
M273676
E/sl
SHERI S. ROMAN, J.P.
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2017-02696, 2017-02698, 2017-02699 The People, etc., respondent, v Jimmy Abellard, appellant. (Ind. Nos. 16-00117, 15-00491, 16-00230)
| ORDER TO SHOW CAUSE |
Appeals from three judgments of the County Court, Rockland County, all rendered February 14, 2017. Motion by the appellant's assigned counsel, in effect, to be relieved on the appeals from the judgments under Indictment Nos. 16-00117 and 16-00230 on the ground that the appellant has abandoned those appeals by failing to respond to communications by assigned counsel.
Upon the papers filed in support of the motion and the papers filed 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 appeals from the judgments under Indictment Nos. 16-00117 and 16-00230 on the ground that the appellant has abandoned those appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 16, 2020, by ordinary mail; assigned counsel or the respondent may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before November 16, 2020; 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).
ROMAN, J.P., DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court