Opinion
Motion No: KA 11-01128 Indictment No: 6189
01-15-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHERRI ERRINGTON, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Wyoming County Court, rendered February 22, 2011,
Now, upon reading and filing the affidavit of Norman P. Effman, Esq. sworn to December 3, 2012, the notice of motion with proof of service thereof, the affidavit of Sherri Errington sworn to October 22, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as unnecessary, and
It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of said appeal is denied without prejudice.
Memorandum: A motion to vacate the dismissal of an appeal must include an affidavit setting forth sufficient facts to demonstrate a meritorious appeal, as well as a reasonable excuse for the delay and an intent to perfect the appeal within a reasonable time (22 NYCRR 1000.13[g]).
Frances E. Cafarell, Clerk