PEOPLE V GERMAINE BROWN
Motion No: KA 07-01017
Slip Opinion No: 2008 NYSlipOp 61269(U)
Decided on January 14, 2008
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.


January 14, 2008

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

KA 07-01017
Indictment No: 2006-017

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

GERMAINE BROWN, DEFENDANT-APPELLANT.


Appellant having moved to extend the stay of sentence pending the appeal from a judgment of the Niagara County Court entered in the Office of the Clerk of the County of Niagara on March 2, 2007,

Now, upon reading and filing the affirmation of Thomas J. Eoannou, dated November 29, 2007, the notice of motion with proof of service thereof, the letter of Thomas Brandt, dated December 3, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is dismissed as moot inasmuch as appellant has perfected the appeal before the expiration of the stay, thereby preserving the stay.

Entered: January 14, 2008

JoAnn M. Wahl, Clerk