People v Abellard, Jimmy
Motion No: 2017-02696
Slip Opinion No: 2020 NY Slip Op 75748(U)
Decided on December 9, 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

M274461

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. 2016-00117, 2015-00491,

2016-00230)

DECISION & ORDER ON MOTION

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. 2016-00117 and 2016-00230 on the ground that the appellant has abandoned those appeals by failing to respond to communications by assigned counsel. By order to show cause dated October 30, 2020, the appellant was 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. 2016-00117 and 2016-00230 on the ground that the appellant has abandoned those appeals, and the motion by assigned counsel was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeals under Indictment Nos. 2016-00117 and 2016-00230 is granted and those appeals are dismissed; and it is further,

ORDERED that assigned counsel's motion is granted, and assigned counsel is relieved of the assignment with respect to the appeals under Indictment Nos. 2016-00117 and 2016-00230.

ROMAN, J.P., DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court