People v Benitez, Rosali
Motion No: 2022-07645
Slip Opinion No: 2024 NY Slip Op 62101(U)
Decided on February 9, 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

M294133

AFA/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2022-07645

The People, etc., respondent,

v Rosali Benitez, appellant.

(Ind. No. 301/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered July 8, 2022. Motion by the appellant's assigned counsel to be relieved on the ground that the appellant has abandoned the appeal. By order to show cause dated November 1, 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 filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed 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.

LASALLE, P.J., CONNOLLY, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court