| THE PEOPLE V MARTIN CALLOWAY |
| Motion No: KA 17-00156 |
| Slip Opinion No: 2018 NY Slip Op 82812(U) |
| Decided on August 31, 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 17-00156
Indictment No: 2016-1024 / SCI No. 41333
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARTIN
CALLOWAY, 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 December 16, 2016, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affidavit of Robert L. Kemp, Esq., sworn to August 1, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated August 6, 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 December 27, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 31, 2018
Mark W. Bennett, Clerk