Opinion
Motion No: 2020-00002 KCR
04-14-2021
The People of the State of New York, Respondent, v. Cesar Fernandez, Appellant.
DAVID ELLIOT
DONNA-MARIE E. GOLIA, 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, in effect, 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. By order to show cause dated November 13, 2020, 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 had abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel, and the motion by assigned counsel to be relieved was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further
ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk