| THE PEOPLE V RASHEEN ALSTON SCI No: 29283 |
| Motion No: KA 08-01028 |
| Slip Opinion No: 2009 NY Slip Op 92204(U) |
| Decided on December 21, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-01028
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RASHEEN
ALSTON, DEFENDANT-APPELLANT. SCI No: 29283 |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Erie County Court, rendered March 10, 2008, on the ground that the appellant has abandoned the appeal, and respondent having cross-moved to dismiss the appeal,
Now, upon reading and filing the affidavit of Kristin M. Preve, sworn to December 7, 2009, the notice of motion with proof of service thereof, the letter of Donna A. Milling, dated December 10, 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 May 29, 2009 assigning David C. Schopp to perfect the appeal is vacated.
Entered: December 21, 2009
Patricia L. Morgan, Clerk