Opinion
Motion No: KA 14-02107
12-18-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GERALD L. SMITH, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. Indictment No: 2013-0144
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court, rendered August 21, 2014,
Now, upon reading and filing the affidavit of Bryan S. Oathout, Esq. sworn to November 26, 2014, 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: Bryan S. Oathout, Esq. timely filed a notice of appeal on September 9, 2014, and timely served the notice of appeal on September 4, 2014.
Entered: December 18, 2014
Frances E. Cafarell, Clerk