THE PEOPLE V CHRISTOPHER MASSEY
Motion No: KA 16-01695
Slip Opinion No: 2017 NY Slip Op 96267(U)
Decided on December 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.


December 18, 2017

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

KA 16-01695
Indictment No: 2014-00948/SCI No. 39101

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHRISTOPHER MASSEY, DEFENDANT-APPELLANT.


Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Erie County Court, rendered August 23, 2016, on the ground that the appellant has abandoned the appeal,

Now, upon reading and filing the affirmation of Michael S. Deal, Esq. dated November 28, 2017, the notice of motion with proof of service thereof, The statement of Donna A. Milling, Esq. dated December 5, 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 March 19, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 18, 2017

Mark W. Bennett, Clerk