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. |
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