| People of State of New York v Julio Menjivar |
| Motion No: 2023-00158 NCR |
| Slip Opinion No: 2024 NY Slip Op 62031(U) |
| Decided on February 8, 2024 |
| 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
TIMOTHY S. DRISCOLL, J.P.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Julio Menjivar, Appellant. |
Motion by Martin Goldberg, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered February 10, 2023, to be relieved as counsel on the ground that appellant has abandoned the appeal. By order to show cause dated November 1, 2023, appellant was 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 had abandoned the appeal, and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk