| THE PEOPLE V LEEANN WIMMERS |
| Motion No: KA 10-00513 |
| Slip Opinion No: 2010 NY Slip Op 69091(U) |
| Decided on March 22, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-00513
SCI No: 09-266
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LEEANN
WIMMERS, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Oneida County, rendered December 14, 2009,
Now, upon reading and filing the affidavit of Lee Ann Wimmers sworn to February 24, 2010, the notice of motion with proof of service thereof, the letter of Steven G. Cox dated March 8, 2010, the answering letter of Frank J. Nebush, Jr., dated March 5, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as unnecessary.
MEMORANDUM: Frank J. Nebush, Jr., timely filed a notice of appeal in the Office of the Clerk of the Court of County of Oneida on December 16, 2009 and served the District Attorney's Office on December 17, 2009.
Entered: March 22, 2010
Patricia L. Morgan, Clerk