| PEOPLE V DAVID WITHERSPOON |
| Motion No: KA 06-03421 & KA 06-03422 |
| Slip Opinion No: 2008 NYSlipOp 68278(U) |
| Decided on March 31, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 06-03421 & KA 06-03422
Indictment Nos: 2004-254 & 2005-076
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID
WITHERSPOON, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeals taken from the judgments of Livingston County Court entered in the Office of the Clerk of the County of Livingston on July 11, 2006,
Now, upon reading and filing the affidavit of Joseph T. Jarzembek, sworn to March 12, 2008, the notice of motion with proof of service thereof, the letter of Eric R. Schiener, dated March 14, 2008, 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 appellant perfect the appeals on or before May 30, 2008, and in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: March 31, 2008
JoAnn M. Wahl, Clerk