| THE PEOPLE V BYRON MORRIS, ALSO KNOWN AS BIRON MORRIS |
| Motion No: KA 08-01354 |
| Slip Opinion No: 2008 NYSlipOp 77365(U) |
| Decided on July 9, 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 08-01354
Indictment No: 2000-2563-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BYRON
MORRIS, ALSO KNOWN AS BIRON MORRIS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court entered in the Office of the Clerk of the County of Erie on August 28, 2001, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Hillery, sworn to June 24, 2008, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed.
Entered: July 9, 2008
JoAnn M. Wahl, Clerk