People v Funes, Fredrick, also known as Funes, Jamal
Motion No: 2019-03755
Slip Opinion No: 2021 NY Slip Op 61269(U)
Decided on February 5, 2021
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

M275463

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2019-03755

The People, etc., respondent,

v Fredrick Funes, also known as

Jamal Funes, appellant.

(Ind. No. 1651/2016)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated December 23, 2020, in the above-entitled case is recalled and vacated, and the order to show cause is substituted therefor:

Appeal from a judgment of the Supreme Court, Kings County, rendered January 9, 2019. Motion by the appellant's assigned counsel to be relieved 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, 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 appeal on the ground that the appellant has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before March 5, 2021, 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 March 5, 2021; 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).

MASTRO, A.P.J., RIVERA, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court