PEOPLE V CLEOTIS MERCER
Motion No: KA 05-01293
Slip Opinion No: 2008 NYSlipOp 64970(U)
Decided on February 25, 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.


February 25, 2008

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

KA 05-01293
Indictment No: I2004-168

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CLEOTIS MERCER, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Oneida County Court entered in the Office of the Clerk of the County of Oneida on March 23, 2005,

Now, upon reading and filing the affirmation of V. Michael Liccione, dated February 4, 2008, 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 April 25, 2008.

Entered: February 25, 2008

JoAnn M. Wahl, Clerk