| THE PEOPLE V RAFAEL CABEZA |
| Motion No: KA 09-01755 |
| Slip Opinion No: 2009 NY Slip Op 84144(U) |
| Decided on September 21, 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 09-01755
Indictment No: 2005-225
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RAFAEL
CABEZA, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered April 17, 2006, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael D. McCartney sworn to August 26, 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: September 21, 2009
Patricia L. Morgan, Clerk