People v DC #16 Melvin Gardner

Motion No: M-5918

Slip Opinion No: 2018 NYSlipOp 66144(U)

Decided on March 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.

March 8, 2018

The People of the State of New York,

Respondent,

v

DC #16

Melvin Gardner,

Defendant-Appellant.

An appeal having been taken to this Court by defendant from a judgment of the Supreme Court, New York County, rendered on or about October 12, 2012, 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of said Rules of Practice, and there being no response thereto, It is Ordered that the aforesaid appeal is deemed withdrawn in accordance with the order of this Court, entered on

December 7, 2017 (M-5198). ENTERED: March 8, 2018

_____________________ CLERK

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

M-5918

Ind. No. 765/12