Opinion
Motion No: 2016-01103 SCR
07-07-2017
The People of the State of New York, Respondent, v. Yaohua Deng, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered March 28, 2016. By order to show cause dated March 9, 2017, appellant was directed to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that the proceedings were recorded electronically and no affidavit of errors was filed. Application by appellant for an extension of time to file an affidavit of errors.
Upon the order to show cause, and upon appellant's application and no papers having been filed by respondent in opposition thereto, it is
ORDERED that the motion to dismiss the appeal and appellant's application are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's application is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,
ORDERED that the motion to dismiss the appeal is denied on condition the affidavit of errors is filed within 30 days of this decision and order on motion; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal or respondent may move to dismiss the appeal on three days' notice.
We note that the affidavit of errors must be addressed to, and filed in, the District Court, not this court.
ENTER:
Paul Kenny
Chief Clerk