| THE PEOPLE V MARCUS P. |
| Motion No: KA 09-01357 |
| Slip Opinion No: 2009 NY Slip Op 78833(U) |
| Decided on July 20, 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 09-01357
Indictment No: 2006-2774
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARCUS P.,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an adjudication of the Supreme Court, Erie County, rendered July 18, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew B. Powers, sworn to July 1, 2009, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed.
Entered: July 20, 2009
Patricia L. Morgan, Clerk