Opinion
Motion No: 2011-08954 Ind. No. 544/02 M134935
03-16-2012
The People, etc., respondent, v. Marshall Rosado, appellant.
, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
ORDER TO SHOW CAUSE
Application by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Kings County, imposed September 16, 2011, in effect, to be relieved of the assignment on the ground that the appeal has been rendered academic.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the Court's own motion, the 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 the appeal has been rendered academic by the appellant's resentencing on January 13, 2012, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 2, 2012; and it is further,
ORDERED that the application by assigned counsel, in effect, to be relieved of the assignment is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
ANGIOLILLO, J.P., DICKERSON, BELEN and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court