Opinion
KA 17-00961 Indictment No: 01552-2015
06-04-2018
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DIAMOND LEWIS, ALSO KNOWN AS FACE, DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered December 8, 2016, 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 May 16, 2018, the notice of motion with proof of service thereof, the opposing affirmation of Timothy Hennessy, Esq. dated May 22, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 4, 2018.
Entered: June 4, 2018
Mark W. Bennett, Clerk