Opinion
Motion No: KA 12-00692 Indictment No: 2007-1080
05-03-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LAMONT JENKINS, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered November 12, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to April 13, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that defendant timely filed the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Frances E. Cafarell, Clerk