| THE PEOPLE V NIGEL D. LEWIS |
| Motion No: KA 08-01487 |
| Slip Opinion No: 2011 NY Slip Op 87238(U) |
| Decided on October 18, 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 08-01487
Indictment No: 2007-0743-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V NIGEL D.
LEWIS, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to withdraw as assigned counsel on the appeal taken from a judgment of Supreme Court, Onondaga County Court rendered June 10, 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 September 21, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the order entered December 5, 2008 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 [2006]).
Entered: October 18, 2011
Patricia l. morgan, Clerk