THE PEOPLE V CHRISTIAN M. BUTLER
Motion No: KA 08-00828
Slip Opinion No: 2008 NYSlipOp 91567(U)
Decided on December 2, 2008
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.


December 2, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 08-00828
Indictment No: 2004-279

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHRISTIAN M. BUTLER, DEFENDANT-APPELLANT.


Respondent having moved to withdraw the respondent's brief on the appeal taken from a judgment of Niagara County Court, rendered August 22, 2007, filed with the Court on October 1, 2008,

Now, upon reading and filing the affidavit of Thomas H. Brandt, sworn to October 20, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, to the extent that respondent's brief is deemed withdrawn, and

It is further ORDERED that respondent shall file and serve a brief on or before December 9, 2008, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to December 24, 2008.

Entered: December 2, 2008

JoAnn M. Wahl, Clerk