PEOPLE V KEMAR TURNER Indictment No: 03/261
Motion No: KA 04-00871
Slip Opinion No: 2007 NYSlipOp 86283(U)
Decided on December 10, 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.


December 10, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

KA 04-00871

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KEMAR TURNER, DEFENDANT-APPELLANT.

Indictment No: 03/261


Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 27, 2004,

Now, upon reading and filing the affidavit of Maurice J. Verrillo, sworn to November 27, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, on the condition that the appeal is perfected on or before February 8, 2008.

Entered: December 10, 2007

JoAnn M. Wahl, Clerk