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Appellate Term, Second Department: November 13, 2019

Appellate Term, Second Department: November 13, 2019

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Second, Eleventh and Thirteenth JudicIal Districts Cases Released on  November 13, 2019

By: Pesce, P.J., Weston, Aliotta, JJ. 2018-2065 RI CR. PEOPLE v. PAVIA, EDUARDO — Motion by Mark Diamond, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered August 24, 2018, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated July 30, 2019, 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, and the motion by assigned counsel was held in abeyance in the interim. Upon the order to show cause, and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and the papers filed in response thereto, it is ORDERED the motion to dismiss the appeal as abandoned is granted and the appeal is dismissed; and it is further, ORDERED that the motion by assigned counsel to be relieved is granted. November 4, 2019

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