Opinion
Motion No. 2019-00614 SCR
05-03-2023
The People of the State of New York, Respondent, v. Samuel Luna-Velasquez, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J. JAMES P. McCORMACK GRETCHEN WALSH, JJ.
Motion by Steven A. Feldman, Esq., counsel assigned to represent appellant, insofar as is relevant here, on so much of an appeal as is from judgments of the Justice Court of the Town of Riverhead, Suffolk County, rendered March 5, 2018 convicting defendant of driving while ability impaired and unlicensed operation of a motor vehicle, respectively, to be relieved as counsel on the ground that appellant has abandoned that part of the appeal.
Upon the papers filed in support of the motion and the papers having been filed in response thereto, on the court's own motion, it is
ORDERED that appellant is directed to show cause before this court why an order should or should not be made and entered dismissing so much of his appeal, as is from judgments convicting him of driving while ability impaired and unlicensed operation of a motor vehicle, on the ground that he has abandoned that part of the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before June 2 2023; 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).
Defendant appealed from three judgments of conviction. This court reversed a judgment convicting him of endangering the welfare of a child and dismissed the accusatory instrument charging him with that offense, and held the remainder of the appeal, from judgments convicting him of driving while ability impaired and unlicensed operation of a motor vehicle, in abeyance (see People v Luna-Velasquez, 75 Misc.3d 14 [App Term, 2d Dept, 9th & 10th Jud Dists 2022]).