Opinion
KA 13-01565 Indictment No: 88-0262-001
10-28-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHARLIE MIXON, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken from that part of an order of Supreme Court, Erie County entered May 16, 2013, which denied defendant's request for forensic DNA testing of evidence, pursuant to CPL 440.30 (1-a),
Now, upon reading and filing the affidavit of Charlie Mixon sworn to October 3, 2013, 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 inasmuch as the Erie County District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Frances E. Cafarell, Clerk