THE PEOPLE V DANIEL BROWN Indictment No: 7862
Motion No: KA 06-00942
Slip Opinion No: 2010 NY Slip Op 63044(U)
Decided on February 8, 2010
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.


February 8, 2010

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

KA 06-00942

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DANIEL BROWN, DEFENDANT-APPELLANT.

Indictment No: 7862


Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from an order of the Niagara County Court, entered March 15, 2006, on the ground that the appellant has abandoned the appeal,

Now, upon reading and filing the affidavit of Edward P. Perlman sworn to January 13, 2010, 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 January 16, 2007 assigning Robert M. Pusateri to perfect the appeal is vacated.

Entered: February 8, 2010

Patricia L. Morgan, Clerk