Appellate Division: Second Judicial Department

M274878

AFA/

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2018-07748 The People, etc., respondent, v Jahyre Smith, appellant. (Ind. No. 2017-00168)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Dutchess County, rendered May 23, 2018. Motion by the appellant's assigned counsel to be relieved of the assignment on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated November 20, 2020, the appellant was 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 abandoned the appeal, and assigned counsel's motion 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that assigned counsel's motion is granted.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court