Motion No. KA 16-01029, Indictment No. 2015-1845, SCI No. 40822.

2017 NY Slip Op 82501(U)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT TRACY, Defendant-Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Supreme Court, Erie County, rendered May 18, 2016, on the ground that the appellant has abandoned the appeal.

Now, upon reading and filing the affirmation of Michael S. Deal, Esq. dated July 19, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 26, 2017, 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 November 8, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.


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