People v Esteban Cruz

Motion No: M-2444

Slip Opinion No: 2018 NYSlipOp 78053(U)

Decided on July 19, 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 19, 2018

The People of the State of New York,

Respondent.

v

Esteban Cruz,

Defendant-Appellant.

An order of this Court having been entered on March 31, 2016 (M-530), granting, inter alia, defendant leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about June 11, 2015, and assigning the Office of the Appellate Defender as counsel to prosecute defendant-appellant's appeal, And the Office of the Appellate Defender having moved for dismissal of the aforesaid appeal, as abandoned, without prejudice to reinstatement, Now, upon reading and filing 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due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the appeal withdrawn, and otherwise denied.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 19, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Angela M. Mazzarelli Ellen Gesmer Peter H. Moulton, Justices

M-2444

Ind. No. 4012N/15