| THE PEOPLE V YAE AUNG |
| Motion No: KA 16-02052 |
| Slip Opinion No: 2018 NY Slip Op 81199(U) |
| Decided on August 14, 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 16-02052
Indictment No: 2016-00863D / SCI No. 41420
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V YAE AUNG,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Erie County Court, rendered October 6, 2016, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated July 25, 2018, the notice of motion with proof of service thereof, 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 November 13, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 14, 2018
Mark W. Bennett, Clerk