| THE PEOPLE V JOHN R. MCLELLAN |
| Motion No: KA 09-01060 |
| Slip Opinion No: 2010 NY Slip Op 69149(U) |
| Decided on April 21, 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 09-01060
Indictment No: 08-67
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN R.
MCLELLAN, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered February 27, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq., dated March 31, 2010, the notice of motion with proof of service thereof, the affirmation of J. Michael Chamblee, Esq., dated April 13, 2010, and due deliberations having been had,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Entered: April 21, 2010
Patricia L. Morgan, Clerk