| THE PEOPLE V BENJAMIN JONES |
| Motion No: KA 15-00087 |
| Slip Opinion No: 2015 NY Slip Op 90981(U) |
| Decided on November 16, 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 15-00087
Indictment No: 2014-1052 and SCI No.: 39194
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BENJAMIN JONES,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Erie County Court, rendered October 22, 2014, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated November 2, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated November 5, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Timothy P. Murphy, Esq. is relieved of his assignment, and
It is further ORDERED that the appellant perfect the appeal on or before February 16, 2016, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 16, 2015
Frances E. Cafarell, Clerk