| People of State of New York v Julio Benavidez |
| Motion No: 2023-00669 SCR |
| Slip Opinion No: 2024 NY Slip Op 73533(U) |
| Decided on August 26, 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
ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Julio Benavidez, Appellant. |
Motion by the Legal Aid Society of Suffolk County, counsel assigned to represent appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered June 5, 2023, to be relieved as counsel on the ground that appellant has abandoned the appeal.
Upon the papers filed in support of the motion and in response thereto, on the court's own motion, it is
ORDERED that appellant is 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 has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court within 30 days of the date of this order; 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 Clerk of this court or his designee is directed to serve a copy of this order to show cause upon appellant at his last known place of residence, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60 (2).
ENTER:
Paul Kenny
Chief Clerk