Opinion
Motion No: 2017-00838 RICR
05-09-2019
The People of the State of New York, Respondent, v. Diego Lopez, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
ORDER TO SHOW CAUSE
Motion by appellant's assigned counsel, in effect, to be relieved on an appeal from judgments of conviction of the Criminal Court of the City of New York, Richmond County, rendered March 23, 2017, on the ground that appellant has absconded and is no longer available to comply with the mandate of this court.
Upon the papers filed in support of the motion and the papers filed in relation 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 appellant has absconded and is no longer available to comply with the mandate of this court (see People v Taveras, 10 NY3d 227 [2008]), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before May 31, 2019; 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