Opinion
Motion No: KA 12-00485 SCI No: 10-40
03-21-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSHUA WILLIAMS, ALSO KNOWN AS JOSHUA K. WILLIAMS, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of the Genesee County Court rendered May 19, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William G. Zickl, Esq. dated February 24, 2012, 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 the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Frances E. Cafarell, Clerk