People v DC# 27 John Herrera

Motion No: M-5929

Slip Opinion No: 2018 NYSlipOp 63476(U)

Decided on February 8, 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.

February 8, 2018

The People of the State of New York,

Respondent,

v

DC# 27

John Herrera,

Defendant-Appellant.

An appeal having been taken to this Court by defendant from the judgment of the Supreme Court, New York County, rendered on or about December 9, 2013 And said appeal not having been brought on for argument 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 there being no response thereto, And an order of this Court having been entered on

December 7, 2017, withdrawing the aforesaid appeal (M-5199), Now, upon the Court's own motion,It is ordered that the aforesaid appeal is deemed withdrawn. ENTERED: February 8, 2018 _____________________ CLERK

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

M-5929

Ind. No. 4531/12