| People of State of New York v Mohammed Foisal |
| Motion No: 2017-01245 KCR |
| Slip Opinion No: 2020 NY Slip Op 77046(U) |
| Decided on December 29, 2020 |
| 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
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Mohammed Foisal, Appellant. |
Appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered April 11, 2017. By decision and order on motion of this court dated August 6, 2019, the appeal was stricken from the appeals calendar and the matter remitted to the Criminal Court because all trial exhibits and certain transcripts of pretrial court appearances had not been included in the record. By order to show cause dated August 4, 2020, 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 defendant had not perfected the appeal in accordance with the August 6, 2019 decision and order.
Upon the order to show cause and the papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed. Defendant has not provided settled transcripts for his arraignment on October 26, 2015 or any court dates in the eight months between his arraignment and June 21, 2016. Furthermore, most of the 20 exhibits admitted into evidence at trial have still not been made part of the record on appeal.
ENTER:
Paul Kenny
Chief Clerk