| People of State of New York v Kelvin J. Bonilla-benitez |
| Motion No: 2022-00934 SCR |
| Slip Opinion No: 2025 NY Slip Op 60356(U) |
| Decided on January 2, 2025 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
GRETCHEN WALSH
ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Kelvin J. Bonilla-Benitez, Respondent. |
Appeal from an order of the District Court of Suffolk County, First District, dated May 6, 2022, which dismissed the accusatory instruments on speedy trial grounds. By decision and order of this court, dated December 7, 2023, the order was reversed and the accusatory instruments were reinstated (see People v Bonilla-Benitez, 81 Misc 3d 135[A], 2023 NY Slip Op 51393[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2023]. By decision and order dated May 10, 2024, the decision and order of December 7, 2023 was vacated and defendant was advised of his right to the assistance of counsel under People v Garcia (93 NY2d 42 [1999]). It was further ordered that defendant's time to respond to the appeal pro se or by retained counsel, or to move for the assignment of counsel, be extended until 60 days after the date of service upon him of a copy of the May 10, 2024 decision and order together with a copy of the appellant's brief. In the event that defendant did not within that time so respond to the appeal, or move for the assignment of counsel, or seek an extension of time to respond to the appeal, it was ordered that the defendant may be deemed to have waived his right to counsel, and the appeal shall be considered and determined only on the People's brief and original record.
Defendant having been served personally with a copy of this court's May 10, 2024 order on May 21, 2024, and more than 60 days having elapsed, and no response having been interposed by defendant, it is hereby,
ORDERED on the court's own motion, that the appeal shall be considered and determined only on the People's brief and the original record.
ENTER:
Paul Kenny
Chief Clerk