| THE PEOPLE V JAMES JAYCOX |
| Motion No: KA 08-02406 |
| Slip Opinion No: 2010 NY Slip Op 69085(U) |
| Decided on March 22, 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 08-02406
Indictment No: 00614-2007
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES
JAYCOX, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to be relieved as assigned counsel on an appeal taken from a judgment of the Erie County Court, rendered October 24, 2008, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affidavit of Kristin M. Preve sworn to March 4, 2010, the notice of motion with proof of service thereof, the letter of Donna A. Milling dated March 9, 2010, 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 December 15, 2008 assigning David C. Schopp to perfect the appeal is vacated, and the appeal is dismissed.
MEMORANDUM: The appeal is dismissed as abandoned.
Entered: March 22, 2010
Patricia L. Morgan, Clerk