People of State of New York v Franklin Gamero
Motion No: 2024-01142 WCR
Slip Opinion No: 2025 NY Slip Op 72159(U)
Decided on June 30, 2025
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

JERRY GARGUILO, P.J.

TIMOTHY S. DRISCOLL

ELENA GOLDBERG-VELAZQUEZ, JJ.

DECISION & ORDER ON MOTION

2024-1142 W CR
The People of the State of New York, Respondent, v Franklin Gamero, Appellant.

Motion by Thomas R. Villecco, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the City Court of White Plains, Westchester County, rendered October 31, 2024, to be relieved as counsel on the ground that appellant has abandoned the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition 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