People v DC #15

Motion No: M-5896

Slip Opinion No: 2018 NYSlipOp 60546(U)

Decided on January 9, 2018

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.

January 9, 2018

The People of the State of New York,

Respondent,

v

DC #15

Ind. #4021/10

Brian Garcia,

Defendant-Appellant,

An appeal having been taken to this Court by defendant-appellant from a judgment of the Supreme Court, New York County, rendered on or about November 12, 2014, And said appeal not having been brought on for hearing pursuant to the provisions of the Rules of Practice of the Appellate Division, First Department, And a calendar call having been held by the Clerk of the Court on October 26, 2017, pursuant to Rule 600.12(c) of said Rules of Practice, and a stipulation of the parties dated November 20, 2017 having been filed with this Court, moving to withdraw the aforesaid appeal, Now, upon the Court's own motion, it is Ordered that the aforesaid appeal is deemed withdrawn. ENTERED: January 9, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices

M-5896