People v 1363N/13

Motion No: M-1895

Slip Opinion No: 2018 NYSlipOp 77176(U)

Decided on July 10, 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.

July 10, 2018

The People of the State of New York,

Respondent,

v

1363N/13

Franklin Garcia,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, New York County, rendered on or about October 23, 2013, And assigned counsel, Robert S. Dean, Esq., the Center

for Appellate Litigation, having moved to dismiss the appeal

as abandoned, without prejudice to reinstatement, Now, upon reading and filing of the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the appeal withdrawn, and otherwise denied. ENTERED: July 10, 2018

_____________________ CLERK

Present: Hon. Rosalyn H. Richter, Justice Presiding, Troy K. Webber Marcy L. Kahn Cynthia S. Kern Jeffrey K. Oing, Justices

M-1895

Ind. Nos. 2544N/13