People v Herrera, Edgard
2026 NY Slip Op 69340(U)
June 1, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
The People, etc., respondent,
v
Edgard Herrera, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 1, 2026
2023-01425, 72495/2021
Cheryl E. Chambers, J.P.
William G. Ford
Susan Quirk
Lisa S. Ottley, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered January 4, 2023. 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 failing to respond to communications by assigned counsel. By order to show cause dated March 20, 2026, 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 the 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., FORD, QUIRK and OTTLEY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court