| THE PEOPLE V BENITH WHITE |
| Motion No: KA 08-02542 |
| Slip Opinion No: 2009 NYSlipOp 62860(U) |
| Decided on February 2, 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 08-02542
Indictment No: 07-66
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BENITH
WHITE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered October 30, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, dated January 13, 2009, the notice of motion with proof of service thereof, the affirmation of Maroun. G. Ajaka, dated January 22, 2009, and there being no opposition thereto,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: February 2, 2009
JoAnn M. Wahl, Clerk