People v Straker, Diante
Motion No: 2023-06107
Slip Opinion No: 2025 NY Slip Op 62316(U)
Decided on February 7, 2025
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

M302740

AFA/

ANGELA G. IANNACCI, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2023-06107

The People, etc., respondent,

v Diante Straker, appellant.

(Ind. No. 74942/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered June 21, 2023. 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 December 23, 2024, 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 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.

IANNACCI, J.P., FORD, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court