| People of State of New York v Twan Scarlett |
| Motion No: 2022-00977 RICR |
| Slip Opinion No: 2024 NY Slip Op 75463(U) |
| Decided on September 20, 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 2nd, 11th & 13th Judicial Districts
CHEREÉ A. BUGGS, J.P.
WAVNY TOUSSAINT
MARINA CORA MUNDY, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Twan Scarlett, Appellant. |
Motion by Alice R. B. Cullina, Esq. of Appellate Advocates, counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered October 20, 2022, to be relieved as counsel and withdraw the appeal on the grounds that appellant has abandoned the appeal.
Upon the papers filed in support of the motion and the papers filed in response thereto, on the court's own motion, it is
ORDERED, on the court's own motion, 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