Opinion
KA 12-02395 Indictment No: 2009-0888
03-23-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DERRELL MOORE, ALSO KNOWN AS DERRELL AUSTIN, DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered December 3, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Nicholas T. Texido, Esq. sworn to February 7, 2016, the statement of Derrell Austin dated March 10, 2016, 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 filed his pro se notice of appeal in the Erie County Clerk's Office pursuant to CPL 460.10, there is no appeal pending.
Entered: March 23, 2016
Frances E. Cafarell, Clerk