Opinion
Motion No. 2023-00158 N CR
11-01-2023
The People of the State of New York, Respondent, v. Julio Menjivar, Appellant.
Unpublished Opinion
MOTION DECISION
TIMOTHY S. DRISCOLL, J.P., JAMES P. McCORMACK, GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by Martin Goldberg, Esq., counsel for appellant on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered February 10, 2023, to be relieved as counsel and to withdraw the appeal on the ground that appellant has abandoned the appeal.
Upon the papers filed in support of the motion and the papers 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 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 November 30, 2023; and it is further, ORDERED that the motion by 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).