THE PEOPLE V HOWARD HARRISON
Motion No: KA 16-00126
Slip Opinion No: 2017 NY Slip Op 73423(U)
Decided on May 4, 2017
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.


May 4, 2017

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

KA 16-00126
Indictment No: 2015-1397 / SCI No. 40360

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

HOWARD HARRISON, DEFENDANT-APPELLANT.


Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Erie County Court, rendered November 25, 2015, on the ground that the appellant has abandoned the appeal,

Now, upon reading and filing the affirmation of Deborah K. Jessey, Esq. dated April 13, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated April 19, 2017, 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 August 2, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: May 4, 2017

Frances E. Cafarell, Clerk