| People v Bouchereau, Jean |
| Motion No: 2018-11649 |
| Slip Opinion No: 2022 NY Slip Op 67998(U) |
| Decided on June 27, 2022 |
| 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. |
Appellate Division: Second Judicial Department
M283683
AFA/
COLLEEN D. DUFFY, J.P.
BETSY BARROS
LINDA CHRISTOPHER
JOSEPH A. ZAYAS, JJ.
|
2018-11649 The People, etc., respondent, v Jean Bouchereau, appellant. (Ind. No. 4291/2017)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated June 13, 2022, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal from a judgment of the Supreme Court, Kings County, rendered July 23, 2018. 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 authorize assigned counsel to raise certain issues or to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed 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 July 27, 2022, 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 July 27, 2022; 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 his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
DUFFY, J.P., BARROS, CHRISTOPHER and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court