| THE PEOPLE V SHAWN MCDOWELL |
| Motion No: KA 13-00866 |
| Slip Opinion No: 2015 NY Slip Op 84035(U) |
| Decided on September 3, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
KA 13-00866
Indictment No: 2012-1007-1, superceding 2012-0503-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SHAWN
MCDOWELL, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Onondaga County Court, rendered March 8, 2013, on the ground that the appellant has abandoned the appeal, and respondent having cross-moved to dismiss the appeal,
Now, upon reading and filing the affirmation of Kristen McDermott, Esq. dated August 5, 2015, the notice of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated August 6, 2015, the notice of cross-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 of this Court entered May 30, 2013 assigning Hiscock Legal Aid Society to perfect the appeal is vacated, and
It is further ORDERED that the cross-motion is granted, and the appeal is dismissed.
Entered: September 3, 2015
Frances E. Cafarell, Clerk