| THE PEOPLE V DAVID J. WITHEROW |
| Motion No: KA 19-00167 and KA 19-01396 |
| Slip Opinion No: 2021 NY Slip Op 60959(U) |
| Decided on January 22, 2021 |
| 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 19-00167 and KA 19-01396
Indictment No: 17-07-102
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V DAVID J. WITHEROW, DEFENDANT-APPELLANT. |
Appellant having moved to consolidate the appeals taken herein from a judgment of the Ontario County Court, rendered March 30, 2018, and an order of the Ontario County Court, entered July 19, 2018,
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 dismissed as unnecessary.
Memorandum: Defendant's motion to consolidate these two appeals is dismissed as unnecessary inasmuch as they arise from the same action (see [22 NYCRR] § 1250.9 [f] [3]).
Entered: January 22, 2021
Mark W. Bennett
Clerk of the Court