| THE PEOPLE V DARWIN ZUNIGA-ROCHA |
| Motion No: KA 15-02058 |
| Slip Opinion No: 2016 NY Slip Op 84223(U) |
| Decided on August 31, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 15-02058
SCI No: 15-45
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARWIN
ZUNIGA-ROCHA, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Genesee County Court, rendered April 28, 2015, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Nicholas P. DiFonzo, Esq. dated August 4, 2015 [sic], 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 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 November 29, 2016, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 31, 2016
Frances E. Cafarell, Clerk