Opinion
Motion No: 2018-01429 DCR
08-14-2020
The People of the State of New York, Respondent, v. Anthony Guzzardo, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by Thomas N. Angell, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered July 5, 2018, 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 March 3, 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.
Now, upon the court's own motion, it is
ORDERED that appellant's time to respond to this court's order to show cause is enlarged and 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 September 18, 2020; 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