People v Juarez-Espinosa, Horacio I.
Motion No: 2019-07273
Slip Opinion No: 2023 NY Slip Op 61681(U)
Decided on February 8, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287287

AFA/

COLLEEN D. DUFFY, J.P.

REINALDO E. RIVERA

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2019-07273

The People, etc., respondent,

v Horacio I. Juarez-Espinosa, appellant.

(Ind. No. 6983/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered April 3, 2019. Motion by the appellant's assigned counsel 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 December 9, 2022, 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 assigned counsel's motion and no papers having been file 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.

DUFFY, J.P., RIVERA, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court