Opinion
2018-14919 Ind. 1867/2017
09-01-2021
The People, etc., respondent, v. Samuel Torres, appellant.
M278922 E/sl
WILLIAM F. MASTRO, J.P. REINALDO E. RIVERA VALERIE BRATHWAITE NELSON LINDA CHRISTOPHER, JJ.
ORDER TO SHOW CAUSE
Appeal from a judgment of the Supreme Court, Queens County, rendered November 15, 2017. By decision and order of this Court dated April 21, 2021, the matter was remitted to the Supreme Court, Queens County, to afford the appellant an opportunity to move to vacate his plea of guilty, and thereafter for a report limited to the Supreme Court's findings with respect to whether the appellant has moved to vacate his plea of guilty and whether he has established his entitlement to the withdrawal of his plea. Motion by the appellant to extend the time to withdraw the plea of guilty. Separate motion by the appellant's assigned counsel, in effect, to be relieved on the ground that the appeal has been rendered academic, as the appellant's motion to vacate the judgment rendered November 15, 2017, was granted by an order of the Supreme Court, Queens County, dated June 28, 2021.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to extend the time to withdraw the plea of guilty is denied as academic; and it is further, ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appeal has been rendered academic, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before October 4, 2021, by ordinary mail; assigned counsel or the respondent may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before October 4, 2021; 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 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).
MASTRO, J.P., RIVERA, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.