Opinion
KA 14-01192 Indictment No: 2010-1303
07-15-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WENDY C. SIMMONSIA, DEFENDANT-APPELLANT. SCI No: 34300
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court rendered December 20, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ashley R. Small, Esq. sworn to June 16, 2014, 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.
Entered:
Frances E. Cafarell, Clerk