THE PEOPLE V ANTOINE MAURICE SMITH
Motion No: KA 07-01693
Slip Opinion No: 2010 NY Slip Op 84349(U)
Decided on October 6, 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.


October 6, 2010

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

KA 07-01693
Indictment No: 2006-0869

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ANTOINE MAURICE SMITH, DEFENDANT-APPELLANT.


Counsel for appellant having moved for permission to be relieved as assigned counsel on an appeal taken from a judgment of the Monroe County Court, rendered June 27, 2007, on the ground that the appellant has abandoned the appeal,

Now, upon reading and filing the affirmation of Grazina Myers, Esq. dated August 31, 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 is granted, and the order of this Court entered September 21, 2007, assigning Timothy Donaher, Esq. to perfect the appeal is vacated, and the appeal is dismissed.

MEMORANDUM: The appeal is dismissed as abandoned.

Entered: October 6, 2010

Patricia L. Morgan, Clerk