Opinion
KA 10-02281 Indictment No: 96-2149-001
05-15-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CORNELIUS JOHNSON, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from an order of the Erie County Court, dated September 15, 2010, on the ground that appellant is absent from this Court's jurisdiction,
Now, upon reading and filing the affidavit of Michael J. Hillery, Esq. sworn to April 11, 2013, the notice of motion with proof of service thereof, the affidavit of Alan Williams, Esq. sworn to April 19, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see People v Ventura, 17 NY3d 675).
Frances E. Cafarell, Clerk