Opinion
Motion No. 2021-00415 WCR
02-08-2023
The People of the State of New York, Respondent, v. Joshua Roe, Appellant.
Unpublished Opinion
MOTION DECISION
TIMOTHY S. DRISCOLL, J.P. JAMES P. McCORMACK GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by Richard L. Herzfeld, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the City Court of White Plains, Westchester County, rendered June 21, 2021, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated December 19, 2022, 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, and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further, ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.