People v Melvin Gardner .

Motion No: M-5198

Slip Opinion No: 2017 NYSlipOp 94389(U)

Decided on December 7, 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.

December 7, 2017

The People of the State of New York,

Respondent,

v

Melvin Gardner,

Defendant-Appellant.

Assigned counsel for defendant-appellant having moved to be relieved as counsel or, in the alternative, for dismissal of the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about October 12, 2012, without prejudice to reinstatement, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the appeal withdrawn and otherwise denied. ENTERED: December 7, 2017

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Troy K. Webber Cynthia S. Kern Peter H. Moulton, Justices

M-5198

Ind. No. 765/12