| THE PEOPLE V ELGIN BAYLOR SMITH a/k/a ELGIN B. SMITH a/k/a ELGIN SMITH Indictment No: 5030 |
| Motion No: KA 09-01379 |
| Slip Opinion No: 2009 NY Slip Op 78839(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 09-01379
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ELGIN
BAYLOR SMITH a/k/a ELGIN B. SMITH a/k/a ELGIN SMITH, DEFENDANT-APPELLANT. Indictment No: 5030 |
Respondent having moved to dismiss the appeal taken from a judgment of the Genesee County Court, rendered March 3, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Lawrence Friedman, dated July 2, 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