| THE PEOPLE V BRIAN LAPONE |
| Motion No: KA 17-00400 |
| Slip Opinion No: 2017 NY Slip Op 86548(U) |
| Decided on September 15, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 17-00400
SCI No: 11-119-V
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRIAN LAPONE,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Herkimer County Court, rendered February 17, 2017, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of John J. Raspante, Esq. dated August 17, 2017, 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 John J. Raspante, Esq. is relieved of his assignment, and
It is further ORDERED that the appellant perfect the appeal on or before December 14, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 15, 2017
Frances E. Cafarell, Clerk