| PEOPLE V ELUID FRANCO, ALSO KNOWN AS ELIUD FRANCO |
| Motion No: KA 07-02222 |
| Slip Opinion No: 2007 NYSlipOp 83158(U) |
| Decided on November 7, 2007 |
| Appellate Division, Fourth 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. |
KA 07-02222
Indictment No: 2004-0881
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ELUID FRANCO,
ALSO KNOWN AS ELIUD FRANCO, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 4, 2005, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Leslie E. Swift, dated September 20, 2007, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed.
Entered: November 7, 2007
JoAnn M. Wahl, Clerk