People v Joseph, Oscar
Motion No: 2010-10596
Slip Opinion No: 2011 NY Slip Op 66829(U)
Decided on March 14, 2011
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M116943

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-10596

The People, etc., respondent,

v Oscar Joseph, appellant.

(Ind. No. 9247/09)

DECISION & ORDER ON MOTION

Motion by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, rendered October 4, 2010, and for the assignment of counsel to make a motion pursuant to CPL 440.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to withdraw the appeal is granted, and the appeal is marked withdrawn; and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel to make a motion pursuant to CPL 440 is denied without prejudice to seeking relief in the Supreme Court, Kings County.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court