| THE PEOPLE V DANIEL GARNER |
| Motion No: KA 17-02229 |
| Slip Opinion No: 2019 NY Slip Op 82409(U) |
| Decided on October 17, 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 17-02229
Indictment No: 2016-00785 / SCI No. 41409
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DANIEL
GARNER, 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 November 3, 2017, 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. Murphy, Esq. is relieved of his assignment, and
It is further ORDERED that the appellant perfect the appeal on or before January 15, 2020, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 17, 2019
Mark W. Bennett
Clerk of the Court