Opinion
Motion No 2012-00720 NCR
06-16-2022
The People of the State of New York, Respondent, v. Collies Sullivan, Appellant.
Unpublished Opinion
MOTION DECISION
ELIZABETH H. EMERSON, J.P. JERRY GARGUILO TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered March 8, 2012. By order dated April 3, 2015, the matter was remitted to the District Court for a new determination of defendant's motion seeking to suppress identification evidence. The appeal was held in abeyance in the interim.
On the court's own motion, in an order to show cause dated October 26, 2021, appellant was 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 November 29, 2021;
Now, on the order to show cause and the affirmation of counsel submitted in opposition thereto, it is
ORDERED that the motion is denied; and it is further, ORDERED that appellant may serve and file a supplemental brief on the issue, if so advised, on or before July 29, 2022; and it is further, ORDERED that respondent may, if so advised, serve and file a brief in opposition within 21 days of service upon it of appellant's supplemental brief.