People v Mouna, Abdul
Motion No: 2016-04060
Slip Opinion No: 2023 NY Slip Op 78720(U)
Decided on December 18, 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

M293062

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2016-04060, 2019-10398

The People, etc., respondent,

v Abdul Mouna, appellant.

(Ind. No. 10324/2013)

ORDER TO SHOW CAUSE

Appeals from a judgment of the Supreme Court, Kings County, rendered March 16, 2016, and, by permission, from an order of the same court dated June 24, 2019. Motion by the appellant's assigned counsel, in effect, to be relieved of the assignment to prosecute the appeal from the order on the ground that the appellant has abandoned that appeal by failing to authorize assigned counsel to raise certain issues or to withdraw that appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 from the order on the ground that the appellant has abandoned that appeal, by filing an affirmation or an affidavit on that issue in the office of the Acting Clerk of this Court on or before January 17, 2024, 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 January 17, 2024; 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 Acting Clerk of this Court or his 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).

IANNACCI, J.P., CHAMBERS, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court