Opinion
KA 16-01575 SCI No: 16-S-02
09-27-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MYRON SALAMACA, DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered June 20, 2016, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated September 6, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated June 27, 2016 which inaccurately lists SCI 16-5-02 shall be treated as valid as to the judgment of Orleans County Court rendered June 20, 2016 for SCI number 16-5-02 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: September 27, 2016
Frances E. Cafarell, Clerk