| People v Robert Smoke |
| Motion No: 102206-3 |
| Slip Opinion No: 2009 NY Slip Op 73119(U) |
| Decided on May 15, 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: May 15, 2009
Case #
102206-3
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v Appellant. | DECISION
AND ORDER |
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