THE PEOPLE V OMAR SMITH
Motion No: KA 08-01797
Slip Opinion No: 2009 NY Slip Op 86612(U)
Decided on October 20, 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.


October 20, 2009

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

KA 08-01797
Indictment No: 2006-143

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

OMAR SMITH, DEFENDANT-APPELLANT.


Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Cayuga County Court, rendered August 23, 2007, on the ground that the appellant has abandoned the appeal,

Now, upon reading and filing the affirmation of Michael G. Conroy dated October 2, 2009, 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, and the order of this Court entered June 2, 2009 assigning Michael G. Conroy to perfect the appeal is vacated.

Entered: October 20, 2009

Patricia L. Morgan, Clerk