| PEOPLE V PHILLIP T. JOHNSON |
| Motion No: KA 06-00275 |
| Slip Opinion No: 2008 NYSlipOp 88601(U) |
| Decided on November 3, 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 06-00275
Indictment No: 00119-2005
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V PHILLIP T.
JOHNSON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, entered January 5, 2006, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew B. Powers, sworn to October 16, 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: November 3, 2008
JoAnn M. Wahl, Clerk