| People of State of New York v Edgardo Reyes |
| Motion No: 2024-01005 SCR |
| Slip Opinion No: 2025 NY Slip Op 79330(U) |
| Decided on October 15, 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. |
of the State of New York for the 9th & 10th Judicial Districts
TIMOTHY S. DRISCOLL, J.P.
GRETCHEN WALSH
JOSEPH R. CONWAY, JJ.
ORDER TO SHOW CAUSE
| The People of the State of New York, Appellant, v Edgardo Reyes, Respondent. |
The People having appealed from an order of the District Court of Suffolk County, First District, dated March 27, 2024, and the appeal having been perfected on February 6, 2025, and the defendant having failed to timely file a brief in response thereto, and the court having issued an order dated May 19, 2025, in compliance with the requirements of People v Garcia (93 NY2d 42 [1999]),wherein the defendant was advised of, inter alia, his right to the assistance of counsel on the People's appeal; and People having been directed to serve a copy of the decision and order, together with a copy of their brief, upon the defendant, by personal delivery of the same to defendant; and the People having been further ordered to file proof of such service with the Clerk of this court within 20 days of the May 19, 2025 order; and no such proof of service having been filed with the court, it is hereby
ORDERED that on the court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to file proof of personal service of the court's order upon defendant, by filing an affirmation or affidavit on that issue with the court on or before November 7, 2025; 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 the parties via email to the email address provided to this court, or if no email address is available for service by regular mail.
ENTER:
Paul Kenny
Chief Clerk