| THE PEOPLE V MICHAEL CURETON SCI No: 42262 |
| Motion No: KA 17-01205 |
| Slip Opinion No: 2017 NY Slip Op 92324(U) |
| Decided on November 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 17-01205
Indictment No: 2017-638 and
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL CURETON,
DEFENDANT-APPELLANT. SCI No: 42262 |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Supreme Court, Erie County, rendered June 9, 2017, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Michael S. Deal, Esq. dated October 31, 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 Timothy P. Murphy, Esq. is relieved of his assignment, and
It is further ORDERED that the appellant perfect the appeal on or before February 13, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 15, 2017
Mark W. Bennett, Clerk