People v Duran, Danny
Motion No: 2022-09676
Slip Opinion No: 2025 NY Slip Op 62309(U)
Decided on February 7, 2025
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M302706

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2022-09676, 2022-09677

The People, etc., respondent,

v Danny Duran, appellant.

Ind. No. 74293/2021, S.C.I. No. 74739/2022)

DECISION & ORDER ON MOTION

Appeals by Danny Duran from two judgments of the Supreme Court, Kings County, both rendered October 31, 2022. Motion by the appellant's assigned counsel, in effect, to be relieved of the assignment to prosecute the appeal from the judgment under S.C.I. No. 74739/2022, on the ground that the appellant has abandoned that appeal by failing to respond to communications by assigned counsel. By order to show cause dated December 20, 2024, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal from the judgment under S.C.I. No. 74739/2022, on the ground that the appellant has abandoned that appeal, and assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the judgment under S.C.I. No. 74739/2022 is granted and the appeal from the judgment under S.C.I. No. 74739/2022 is dismissed; and it is further,

ORDERED that assigned counsel's motion is granted; and it is further,

ORDERED that the appeals are severed.

CONNOLLY, J.P., MILLER, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court