| PEOPLE V KIM COSTNER |
| Motion No: KA 08-00234 |
| Slip Opinion No: 2008 NYSlipOp 91570(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-00234
Indictment No: 2007-2114
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KIM COSTNER,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from the judgment of Erie County Court, rendered January 16, 2008, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affidavit of Barbara J. Davies, sworn to October 21, 2008, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated October 23, 2008, 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 February 29, 2008 assigning David C. Schopp, Legal Aid Bureau of Buffalo to perfect the appeal is vacated.
Entered: December 2, 2008
JoAnn M. Wahl, Clerk