| THE PEOPLE V JOSE GARCIA |
| Motion No: KA 08-02028 |
| Slip Opinion No: 2009 NYSlipOp 63864(U) |
| Decided on February 17, 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 08-02028
Indictment No: I07-383
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSE GARCIA,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered December 20, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Steven G. Cox, sworn to January 28, 2009, the notice of motion with proof of service thereof, the letter of Richard N. Bach, dated January 19, 2009, the affidavit of Jose Garcia, sworn to February 2, 2009,
It is hereby ORDERED that the motion be and the same hereby is dismissed as unnecessary.
Memorandum: Because defendant did not serve the notice of appeal upon the District Attorney�s Office pursuant to CPL 460.10, there is no appeal to be perfected.
Entered: February 17, 2009
JoAnn M. Wahl, Clerk