Opinion
KA 17-00539 Indictment No: 2016-02004
01-07-2019
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DELADIER BENITEZ, DEFENDANT-APPELLANT.
PRESENT:
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Erie County Court, rendered February 22, 2017, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Michael S. Deal, Esq., dated December 18, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated December 21, 2018, 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 April 7, 2019, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 7, 2019
Mark W. Bennett, Clerk