| THE PEOPLE V JOHNNIE C. SWAIN, JR. |
| Motion No: KA 16-00786 |
| Slip Opinion No: 2019 NY Slip Op 76001(U) |
| Decided on July 19, 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: PERADOTTO, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ.
KA 16-00786
Indictment No: 2015-0431
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHNNIE C.
SWAIN, JR., DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Supreme Court, Monroe County, rendered July 20, 2015, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Timothy P. Donaher, Esq. is relieved of his assignment, and
It is further ORDERED that the appellant perfect the appeal on or before October 17, 2019, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 19, 2019
Mark W. Bennett
Clerk of the Court