| THE PEOPLE V ANDREW STEWART, ALSO KNOWN AS ANDREW STEWARD |
| Motion No: KA 17-00004 |
| Slip Opinion No: 2018 NY Slip Op 64243(U) |
| Decided on February 15, 2018 |
| 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 17-00004
Indictment No: 2016-1479/SCI No. 41580
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANDREW STEWART,
ALSO KNOWN AS ANDREW STEWARD, DEFENDANT-APPELLANT. |
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 November 9, 2016, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of James M. Specyal, Esq. dated January 17, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated January 22, 2018, 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 May 16, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 15, 2018
Mark W. Bennett, Clerk