Opinion
KA 14-00209 Indictment No: 2006-0954B
02-26-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MIGUEL A. COLON, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of Supreme Court, Monroe County rendered July 10, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Nicole M. Fantigrossi, Esq. dated January 31, 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.
Frances E. Cafarell, Clerk