| THE PEOPLE V JOHN J. SMITH, JR. |
| Motion No: KA 17-00694 |
| Slip Opinion No: 2020 NY Slip Op 74413(U) |
| Decided on November 2, 2020 |
| 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 17-00694
Indictment No: 2015-512
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V JOHN J. SMITH, 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, Niagara County, rendered February 23, 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 February 1, 2021, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 2, 2020
Mark W. Bennett
Clerk of the Court