| People v Davis, Dimitri |
| Motion No: 2006-06303 |
| Slip Opinion No: 2007 NYSlipOp 75558(U) |
| Decided on August 9, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M58344
E/nl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
RUTH C. BALKIN, JJ.
|
2006-06303 The People, etc., respondent, v Dimitri Davis, appellant. (Ind. No. 2777-97)
| DECISION & ORDER ON MOTION |
Appeal by Dimitri Davis from a judgment of the County Court, Nassau County, rendered May 5, 1998. By order to show cause dated July 2, 2007, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the grounds that (1) the notice of appeal was untimely (see CPL 460.10[1][a], 460.30), and (2) the appellant previously filed a motion pursuant to CPL 460.30 for an extension of time to take the appeal, which was denied by decision and order on motion dated September 30, 1998, by filing an affidavit on that issue with the Clerk of this court on or before July 27, 2007.
Upon the court's own motion and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed.
PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court