| People v Mitchell, Kevin |
| Motion No: 2004-02875 |
| Slip Opinion No: 2009 NYSlipOp 66251(U) |
| Decided on March 11, 2009 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M83358
F/
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOSEPH COVELLO
DANIEL D. ANGIOLILLO, JJ.
|
2004-02875 The People, etc., respondent, v Kevin Mitchell, appellant. (Ind. No. 9543/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered March 29, 2004, on the ground of lack of prosecution.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RIVERA, J.P., MILLER, COVELLO and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court