Sec. 510.15. Withdrawal of appeal or motion  


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  • With the exception of a defendant's appeal to the Court of Appeals from a judgment including a sentence of death pursuant to CPL 450.70(1), an appeal may be withdrawn and discontinued at any time prior to argument or submission by forwarding to the clerk of the Court of Appeals a duly executed stipulation of withdrawal, which must be signed by all counsel, and by the defendant personally. A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.