People v Neptune, Sergio
2026 NY Slip Op 72138(U)
July 13, 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
Sergio Neptune, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
July 13, 2026
2023-09851, 71119/2021
Cheryl E. Chambers, J.P.
Deborah A. Dowling
Carl J. Landicino
Donna-Marie E. Golia, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Queens County, rendered September 28, 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 parties were directed to show cause before this Court why an order should or 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 the papers filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the motion by appellant's assigned counsel is denied.
CHAMBERS, J.P., DOWLING, LANDICINO and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court