| People of State of New York v Joshua Roe |
| Motion No: 2021-00415 WCR |
| Slip Opinion No: 2022 NY Slip Op 76427(U) |
| Decided on December 19, 2022 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Joshua Roe, Appellant. |
Motion by Richard L. Herzfeld, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the City Court of White Plains, Westchester County, rendered June 21, 2021, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal since he is unable to locate and communicate with appellant.
Upon the papers filed in support of the motion and no papers having been filed in response thereto, it is
ORDERED that appellant is 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 he 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 January 26, 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 his designee is directed to serve a copy of this order to show cause upon appellant at his last known place of residence, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60 (2).
Driscoll, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk