THE PEOPLE V SHAWN REED
Motion No: KA 13-02140
Slip Opinion No: 2016 NY Slip Op 82111(U)
Decided on August 8, 2016
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.


August 8, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 13-02140
Indictment No: 2013-0538-1 (Supercedes Indictment No. 2013-0158-1)

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

SHAWN REED, 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 October 28, 2013, on the ground that the appellant has abandoned the appeal, and respondent having moved to dismiss said appeal on the ground that appellant has failed to timely perfect the appeal,

Now, upon reading and filing the affirmation of Philip Rothschild, Esq. dated July 11, 2016, the notices of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated July 14, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion of appellant is granted, and the order of this Court entered March 20, 2014, assigning Susan R. Horn, Esq. to perfect the appeal is vacated, and

It is further ORDERED that the motion of respondent is granted to the extent that the appeal is dismissed without further order unless the appeal is perfected on or before November 7, 2016.

Entered: August 8, 2016

Frances E. Cafarell, Clerk