People v Spencer, Hubert
Motion No: 2022-05888
Slip Opinion No: 2025 NY Slip Op 62315(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

M302734

AFA/

ANGELA G. IANNACCI, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2022-05888, 2022-05889

The People, etc., respondent,

v Hubert Spencer, appellant.

(Ind. Nos. 74328/2021, 71582/2021)

DECISION & ORDER ON MOTION

Appeals from two judgments of the Supreme Court, Kings County, both rendered July 6, 2022. Motion by the appellant's assigned counsel, in effect, to be relieved on the ground that the appellant has abandoned the appeals by failing to respond to communications by assigned counsel. By order to show cause dated December 23, 2024, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeals on the ground that the appellant has abandoned the appeals, 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 appeals is granted and the appeals are dismissed; and it is further,

ORDERED that assigned counsel's motion is granted.

IANNACCI, J.P., FORD, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court