| PEOPLE V PHILLIP T. JOHNSON |
| Motion No: KA 06-00275 |
| Slip Opinion No: 2007 NYSlipOp 81211(U) |
| Decided on October 17, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
KA 06-00275
Indictment No: 00119-2005
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V PHILLIP T. JOHNSON, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 5, 2006, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Michael C. Walsh, dated August 28, 2007, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated September 14, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, and the order of this Court entered April 3, 2006 assigning David C. Schopp, Legal Aid Bureau of Buffalo to perfect the appeal is vacated.
Entered: October 17, 2007
JoAnn M. Wahl, Clerk