PEOPLE V EMANUEL SOTO SCI No: 27710
Motion No: KA 07-02010
Slip Opinion No: 2009 NYSlipOp 62210(U)
Decided on January 22, 2009
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.


January 22, 2009

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

KA 07-02010

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EMANUEL SOTO, DEFENDANT-APPELLANT.

SCI No: 27710


Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Supreme Court, Erie County, rendered March 12, 2007, on the ground that the appellant has abandoned the appeal,

Now, upon reading and filing the affidavit of Vincent F. Gugino, sworn to December 29, 2008, the notice of motion with proof of service thereof, with proof of service thereof, the letters of J. Michael Marion, dated December 30, 2008 and January 12, 2009, 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 16, 2008 assigning David C. Schopp, The Legal Aid Bureau of Buffalo to perfect the appeal is vacated.

Entered: January 22, 2009

JoAnn M. Wahl, Clerk