Opinion
Motion No: 2020-00002 KCR
11-13-2020
The People of the State of New York, Respondent, v. Cesar Fernandez, Appellant.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
Motion by Mark Diamond, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered November 25, 2019, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel.
Upon the papers filed in support of the motion and no papers having been filed in response thereto, 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 on or before December 30, 2020; 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