| THE PEOPLE V DELADIER BENITEZ |
| Motion No: KA 17-00539 |
| Slip Opinion No: 2019 NY Slip Op 62769(U) |
| Decided on January 7, 2019 |
| 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 17-00539
Indictment No: 2016-02004
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DELADIER BENITEZ,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Erie County Court, rendered February 22, 2017, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Michael S. Deal, Esq., dated December 18, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated December 21, 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 April 7, 2019, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 7, 2019
Mark W. Bennett, Clerk