Opinion
KA 16-00687 SCI No: 2004-501
05-11-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NICHOLAS M. AQUINO, DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered April 12, 2005, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas H. Brandt, Esq. sworn to April 22, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal filed in the Niagara County Clerk's Office on April 20, 2005 which inaccurately lists the judgment rendered date as April 13, 2005 and indictment 2004-501 shall be treated as valid as to the judgment rendered April 12, 2005 for SCI 2004-501, pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: May 11, 2016
Frances E. Cafarell, Clerk