| THE PEOPLE V KENNETH KISTNER |
| Motion No: KA 07-00456 |
| Slip Opinion No: 2008 NYSlipOp 69802(U) |
| Decided on April 11, 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. |
KA 07-00456
Indictment No: I04-147
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KENNETH
KISTNER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Oneida County Court entered in the Office of the Clerk of the County of Oneida on January 19, 2007,
Now, upon reading and filing the affirmation of Steven G. Cox dated March 6, 2008, the notice of motion with proof of service thereof, and the answering affirmation of Peter J. DiGiorgio dated March 11, 2008 and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied without prejudice.
Entered: April 11, 2008
JoAnn M. Wahl, Clerk