| THE PEOPLE V MARTELL G. ARCHER |
| Motion No: KA 18-00139 |
| Slip Opinion No: 2019 NY Slip Op 79718(U) |
| Decided on September 9, 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 18-00139
Indictment No: 0003-2008
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARTELL G.
ARCHER, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from an order of Supreme Court, Erie County, entered December 12, 2017,
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 denied.
Memorandum: Upon our review of the motion papers of assigned appellate counsel, seeking to withdraw, we conclude that counsel has not demonstrated that defendant has abandoned the appeal (see People v Gelley, 155 AD2d 615 [2d Dept 1989]).
Entered: September 9, 2019
Mark W. Bennett
Clerk of the Court