People v Aiken, Carlton
Motion No: 2021-03986
Slip Opinion No: 2024 NY Slip Op 61274(U)
Decided on January 26, 2024
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

M293783

AFA/

VALERIE BRATHWAITE NELSON, J.P.

DEBORAH A. DOWLING

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2021-03986

The People, etc., respondent,

v Carlton Aiken, appellant.

(Ind. No. 8771/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered May 19, 2021. 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 respond to communications by assigned counsel.

By order to show cause dated November 17, 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.

BRATHWAITE NELSON, J.P., DOWLING, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court