| THE PEOPLE V SCHAFFER JOHNSON |
| Motion No: KA 13-00461 |
| Slip Opinion No: 2014 NY Slip Op 72844(U) |
| Decided on May 20, 2014 |
| 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 13-00461
Indictment No: 2012-00937
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V SCHAFFER JOHNSON, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Erie County Court, rendered January 11, 2013, on the ground that appellant has abandoned the appeal,
Now, upon reading and filing the affidavit of Kristin M. Preve, Esq. sworn to May 5, 2014, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated May 7, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that David C. Schopp, Esq. is relieved of his assignment, and
It is further ORDERED that appellant perfect the appeal on or before August 18, 2014, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: May 20, 2014
Frances E. Cafarell, Clerk