It appearing that the defendant in the above-entitled case has failed to prosecute his appeal from the Superior Court in New Haven County with *696proper diligence, it is, under Practice Book § 696, ordered by the Supreme Court, suo motu, that the appeal be and hereby is dismissed unless the defendant on or before February 1, 1977, files his brief.
Argued December 7decided December 7, 1976James D. Cosgrove, chief public defender, for the appellant (defendant).Ernest J. Diette, Jr., assistant state’s attorney, for the appellee (state).