| People of State of New York v Julio Benavidez |
| Motion No: 2023-00669 SCR |
| Slip Opinion No: 2025 NY Slip Op 61793(U) |
| Decided on January 22, 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
JOSEPH R. CONWAY, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Julio Benavidez, Appellant. |
Appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered June 5, 2023. Assigned counsel moved to be relieved as counsel for appellant, and advised this court that appellant did not respond to correspondence sent to him by assigned counsel. By order to show cause dated August 26, 2024, appellant was directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal.
Upon the order to show cause and no papers having been filed in response thereto, and upon the motion by assigned counsel, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that assigned counsel's motion to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk