Opinion
Motion No. 2022-00973 RICR
09-25-2024
The People of the State of New York, Respondent, v. John Killeen, Appellant.
Unpublished Opinion
MOTION DECISION
WAVNY TOUSSAINT, P.J. CHEREÉ A. BUGGS MARINA CORA MUNDY, JJ.
DECISION & ORDER ON MOTION
Motion by Tammy E. Linn, Esq. of Appellate Advocates, counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered September 6, 2022, to be relieved as counsel and withdraw the appeal on the grounds that appellant has abandoned the appeal.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED, on the court's own motion, 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 within 30 days of the date of this order; 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).