People of State of New York v Mervell Mcdonald
Motion No: 2008-00523 KCR
Slip Opinion No: 2009 NY Slip Op 80353(U)
Decided on July 30, 2009
Appellate Term, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.


NO. 2008-523 K CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

MERVELL McDONALD,

Appellant.

DECISION

Motion by appellant to withdraw the appeal is denied, with leave to assigned counsel, if so advised, to submit an Anders brief upon perfection of the appeal (see Anders v California, 386 US 738 [1967]; People v Stokes, 95 NY2d 633, 636-637 [2001]; People v Laffosse, 75 AD2d 508, 509 [1980]).

The motion papers do not disclose that defendant himself desires to withdraw or abandon his appeal.