Opinion
KA 12-02135 Indictment No: 2006-0952
11-06-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRIAN SMITH, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken from an order of Monroe County Court, entered October 12, 2012,
Now, upon reading and filing the affidavit of Brian Smith sworn to October 10, 2013, 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.
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