Opinion
Motion No: KA 12-00412 SCI No: 10-96
03-27-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICKEY A. JACOBS, ALSO KNOWN AS MICKEY JACOBS, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of the Genesee County Court, rendered February 23, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William G. Zickl, Esq. dated February 24, 2012, 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 served and filed the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Frances E. Cafarell, Clerk