| THE PEOPLE V SAMMY SWIFT |
| Motion No: KA 08-02244 |
| Slip Opinion No: 2009 NYSlipOp 69169(U) |
| Decided on April 7, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-02244
Indictment No: 94-91
| THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V SAMMY SWIFT,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Cayuga County Court, entered August 18, 2008, on the ground that appellant has failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affidavit of Sammy Swift, sworn to March 9, 2009, the notice of motion with proof of service thereof, the letter of Christopher T. Valdina, dated March 13, 2009, the letter of Sammy Swift, filed March 18, 2009, and due deliberation having been had thereon,
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 June 5, 2009, and
It is further ORDERED that the motion is otherwise denied.
Entered: April 7, 2009
Patricia L. Morgan, Deputy Clerk