Opinion
KA 14-00394 Indictment No: 01-04-057
04-14-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JASON CATO, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
Defendant having moved for permission to appeal the determination of his motion seeking CPL 440.46 filed in Ontario County Court, and for other relief,
Now, upon reading and filing the statement of Jason Cato dated February 12, 2014, March 3, 2014, March 31, 2014, and affidavit of Jason Cato sworn to February 11, 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 premature.
Frances E. Cafarell, Clerk