| THE PEOPLE V TYRONE PRESCOTT |
| Motion No: KA 05-01142 |
| Slip Opinion No: 2014 NY Slip Op 83847(U) |
| Decided on September 15, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 05-01142
Indictment No: 2004-0711
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V TYRONE PRESCOTT, DEFENDANT-APPELLANT. |
Appellant having moved to withdraw the appeal taken from a judgment of Supreme Court, Erie County rendered March 7, 2005,
Now upon reading and filing the affidavit of Tyrone Prescott sworn to August 19, 2014, the notice of motion with proof of service thereof, the affidavit of Kathryn Friedman, Esq. sworn to August 27, 2014, and the statement of Donna A. Milling, Esq. dated September 3, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before October 20, 2014, and
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before November 7, 2014.
Entered: September 15, 2014
Frances E. Cafarell, Clerk