People v Berry, Sheohna
Motion No: 2019-09773
Slip Opinion No: 2021 NY Slip Op 66639(U)
Decided on May 26, 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

M277281

AFA/

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2019-09773

The People, etc., respondent,

v Sheohna Berry, appellant.

(Ind. No. 6202/2017)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Kings County, rendered July 29, 2019. Motion by the appellant's assigned counsel, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel.

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 June 28, 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 June 28, 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 her last known place of residence or, if she is imprisoned, at the institution in which she is confined, and upon the attorney who last appeared for her, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court