| THE PEOPLE V JOSUE ENCARNACION |
| Motion No: KA 16-01321 |
| Slip Opinion No: 2017 NY Slip Op 89597(U) |
| Decided on October 18, 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 16-01321
Indictment No: 85-1017
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSUE
ENCARNACION, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from an order of Supreme Court, Erie County, dated June 6, 2016 and entered June 7, 2016, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Nicholas P. DiFonzo, Esq. dated September 29, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated October 3, 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 January 16, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 18, 2017
Mark W. Bennett, Clerk