Appellate Division: Second Judicial Department

M291398

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2021-07612 The People, etc., respondent, v Rondell Barksdale, appellant. (Ind. No. 135/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Dutchess County, rendered October 6, 2021. Motion by the appellant's assigned counsel, in effect, 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 May 12, 2023, 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 filed 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., MALTESE, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court