| THE PEOPLE V VICTOR CASTILLO |
| Motion No: KA 09-00731 |
| Slip Opinion No: 2011 NY Slip Op 73897(U) |
| Decided on May 24, 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 09-00731
Indictment No: 2006-0712-2
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V VICTOR
CASTILLO, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to withdraw as assigned counsel on the appeal taken from a judgment of the Onondaga County Court rendered April 4, 2008, on the ground that the appellant is not available to obey the mandates of this Court,
Now, upon reading and filing the affidavit of Philip Rothschild, Esq. sworn to April 8, 2011, the notice of motion with proof of service thereof, the affirmation of Roseann MacKechnie, Esq. dated May 12, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the order entered April 30, 2009 is vacated,
It is further ORDERED that the appeal is dismissed without prejudice to defendant making a motion to reinstate the appeal should he return to this Court's jurisdiction (see People v Diaz, 7 NY3d 831, 832).
Entered: May 24, 2011
Patricia l. morgan, Clerk