Opinion
KA 14-01593 Indictment No: 2013-00329 SCI No: 37840
05-24-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LUIS OLIVERO, DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered February 26, 2014, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Daniel J. Punch, Esq. sworn to May 9, 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: May 24, 2016
Frances E. Cafarell, Clerk