| THE PEOPLE V JONATHAN BENTON and TIMOTHY JONES |
| Motion No: KA 10-605 and KA 10-332 |
| Slip Opinion No: 2010 NY Slip Op 69846(U) |
| Decided on April 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 10-605 and KA 10-332
Indictment No: 2002-2008
| THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V JONATHAN
BENTON and TIMOTHY JONES, DEFENDANTS-RESPONDENTS. |
Appellant having moved to withdraw the appellant's brief on an appeal taken from a decision and order of the Supreme Court, Erie County entered November 4, 2009,
Now, upon reading and filing the affidavit of Donna A. Milling, Esq., sworn to April 6, 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ORDERED that the motion be and the same hereby is granted, and the records and briefs filed by appellant are deemed withdrawn, and
It is further ORDERED that the appeal shall be removed from the calendar for the term of this Court commencing September 7, 2010.
Entered: April 22, 2010
PATRICIA L. MORGAN, CLERK