People v James Thomas

Motion No: M-6458

Slip Opinion No: 2017 NYSlipOp 68630(U)

Decided on March 28, 2017

Appellate Division, First 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.

March 28, 2017

The People of the State of New York,

Respondent,

v

James Thomas,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, Bronx County, rendered on or about September 18, 2015, And, defendant having moved, pro se, by letter, dated October 12, 2016, to withdraw his appeal, And, an order of this Court having been entered on

November 3, 2016 (M-4829), granting defendant poor person

relief and assigning Robert S. Dean, Esq., Center for Appellate Litigation, as counsel to prosecute defendant's appeal, Now, upon reading the papers with respect to the motion, including correspondence from defendant, dated December 27,

2016, stating he does not wish to withdraw his appeal, and due deliberation having been had thereon, It is ordered that defendant's motion to withdraw his appeal is deemed withdrawn. ENTERED: March 28, 2017 _____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta, Justices

M-6458

Ind. No. 2343/13