| THE PEOPLE V OTIS SIMMONS |
| Motion No: KA 14-00696 |
| Slip Opinion No: 2014 NY Slip Op 74005(U) |
| Decided on June 4, 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 14-00696
Indictment No: 2005-0725-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V OTIS SIMMONS, DEFENDANT-APPELLANT. |
Defendant having moved to withdraw an application pursuant to CPL 460.15 seeking permission to appeal the order of Onondaga County Court, dated February 26, 2014 (KA 14-00696),
Now upon reading and filing the affidavit of Otis Simmons sworn to May 9, 2014, 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hereby ORDERED that the motion is granted, and the application pursuant to CPL 460.15 filed on April 3, 2014 is deemed withdrawn.
Entered: June 4, 2014
Frances E. Cafarell, Clerk