People v Funes, Fredrick, also known as Funes, Jamal
Motion No: 2019-03755
Slip Opinion No: 2021 NY Slip Op 63409(U)
Decided on March 19, 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

M276155

AFA/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2019-03755

The People, etc., respondent,

v Fredrick Funes, also known as

Jamal Funes, appellant.

(Ind. No. 1651/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered January 9, 2019. Motion by the appellant's assigned counsel, in effect, to be relieved of the assignment on the ground that the appellant has abandoned the appeal. By order to show cause dated February 5, 2021, 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., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court