THE PEOPLE V DELMETRI TURNER
Motion No: KA 10-01209 AND KA 10-01216
Slip Opinion No: 2012 NY Slip Op 91902(U)
Decided on November 26, 2012
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.


November 26, 2012

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

KA 10-01209 AND KA 10-01216
Indictment Nos: 2004-1159-1 and 2004-1084-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DELMETRI TURNER, DEFENDANT-APPELLANT.


Counsel for appellant having moved for permission to withdraw as assigned counsel on the appeals taken from the order of the Onondaga County Court, rendered December 9, 2009, on the ground that the appellant has abandoned the appeals,

Now, upon reading and filing the affirmation of Philip Rothschild, Esq. dated November 8, 2012, 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 to the extent that Gerald Barth, Esq. is relieved of his assignment, and

It is further ORDERED that the appellant perfect the appeals on or before February 25, 2013, and in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: November 26, 2012

Frances E. Cafarell, Clerk