| THE PEOPLE V JAMES NELSON |
| Motion No: KA 09-02379 |
| Slip Opinion No: 2011 NY Slip Op 66482(U) |
| Decided on March 8, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 09-02379
Indictment No: 2008-1183
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES
NELSON, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Supreme Court, Erie County rendered August 18, 2009, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affidavit of Robert L. Kemp, Esq. sworn to January 19, 2011, the notice of motion with proof of service thereof, and the statement of Donna A. Milling, Esq. dated January 24, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the order of this Court entered November 30, 2009 assigning David C. Schopp, Esq. to perfect the appeal is vacated.
Memorandum: The appeal is dismissed as abandoned.
Entered: March 8, 2011
Patricia L. Morgan, Clerk