People v Avery, Josiah
2026 NY Slip Op 70377(U)
June 15, 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
Josiah Avery, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 15, 2026
2023-12077, 74675/2022
Betsy Barros, J.P.
William G. Ford
James P. McCormack
Lisa S. Ottley, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered November 21, 2023. 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. By order to show cause dated May 11, 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 the papers filed 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 granted.
BARROS, J.P., FORD, MCCORMACK and OTTLEY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court