| People v Simmons, Dwayne |
| Motion No: 2019-13153 |
| Slip Opinion No: 2025 NY Slip Op 72329(U) |
| Decided on July 9, 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. |
Appellate Division: Second Judicial Department
M306427
AFA/
MARK C. DILLON, J.P.
LILLIAN WAN
JANICE A. TAYLOR
LOURDES M. VENTURA, JJ.
|
2019-13153, 2019-13154 The People, etc., respondent, v Dwayne Simmons, appellant. (Ind. Nos. 5932/2018, 8366/2018)
| DECISION & ORDER ON MOTION |
Appeals from two judgments of the Supreme Court, Kings County, both rendered October 29, 2019. Motion by the appellant's assigned counsel, in effect, to be relieved on the ground that the appellant has abandoned the appeals by failing to respond to communications by assigned counsel. By order to show cause dated May 14, 2025, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeals on the ground that the appellant has abandoned the appeals, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed; and it is further,
ORDERED that assigned counsel's motion is granted.
DILLON, J.P., WAN, TAYLOR and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court