Opinion
Motion No: KA 12-00891 Indictment No: 2001-00159-001
05-30-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KAREEMAHA LUPER, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered March 10, 2003, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ashley R. Small, Esq. sworn to May 15, 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 the notice of appeal was timely filed and served pursuant to CPL 460.10, there is no appeal pending.
Frances E. Cafarell, Clerk