| People v Marshall, Eric |
| Motion No: 2003-02638 |
| Slip Opinion No: 2007 NYSlipOp 65571(U) |
| Decided on March 20, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M52235
E/sl
ROBERT A. SPOLZINO, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
WILLIAM E. McCARTHY, JJ.
|
2003-02638 The People, etc., respondent, v Eric Marshall, appellant. (Ind. No. 01-01655)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered February 27, 2003, in effect, to be relieved of the assignment. By order to show cause dated February 8, 2007, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal has been abandoned and the motion, in effect, to be relieved was held in abeyance in the interim.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the order to show cause to dismiss the appeal is granted, and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,
ORDERED that the motion, in effect, to be relieved is granted.
SPOLZINO, J.P., GOLDSTEIN, FISHER and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court