Opinion
KA 16-01763 SCI No: 2011-290
10-17-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CRANDALL JOHNSON, JR., DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered April 10, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Laura T. Bittner, Esq. sworn to September 29, 2016, the notice of motion with proof of service thereof, the statement of Crandall Johnson dated October 9, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated April 23, 2013 which inaccurately lists Indictment number 2011-290 shall be treated as valid as to the judgment of Niagara County Court, rendered April 10, 2013 for SCI number 2011-290 pursuant to CPL 460.10(6), and
It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before January 17, 2017 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: October 17, 2016
Frances E. Cafarell, Clerk