People v Alan Dapo



People v Alan Dapo
Motion No: 102296-11
Slip Opinion No: 2009 NYSlipOp 64931(U)
Decided on February 23, 2009
Appellate Division, Third 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.




Decided and Entered: February 23, 2009

Case # 102296-11


THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

v
ALAN DAPO,
(SCI No. 45-S-2005)

Appellant.


DECISION AND ORDER
ON MOTION


Motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied without prejudice to renewal upon showing that a copy of the motion papers has been timely served upon defendant.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court