Opinion
Motion No: KA 11-01723 Indictment No: 2005-0392
09-20-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMEL J. ROBINSON, DEFENDANT-APPELLANT.
Respondent having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered July 25, 2006, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Nicole M. Fantigrossi, Esq. dated August 18, 2011, 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: Because defendant did not timely serve the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Patricia L. Morgan, Clerk