Opinion
KA 12-00817 Indictment No: 2011-209
06-09-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHIRLEY A. CHINN, DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court rendered March 20, 2012, 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 May 20, 2016, 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 and served a notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: June 9, 2016
Frances E. Cafarell, Clerk