| PEOPLE V TYRONE PRESCOTT |
| Motion No: KA 05-01142 |
| Slip Opinion No: 2009 NYSlipOp 60310(U) |
| Decided on January 6, 2009 |
| 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 05-01142
Indictment No: 2004-0711
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TYRONE
PRESCOTT, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered March 7, 2005, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Shawn P. Hennessy, sworn to December 17, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Thomas J. Eoannou, dated December 29, 2008,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 6, 2009.
Entered: January 6, 2009
JoAnn M. Wahl, Clerk