| THE PEOPLE V GARY SMITH |
| Motion No: KA 10-01511 |
| Slip Opinion No: 2010 NY Slip Op 78906(U) |
| Decided on August 3, 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. |
KA 10-01511
Indictment No: 2007-247
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V GARY SMITH,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered September 19, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Steven G. Cox, Esq. sworn to July 12, 2010, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: August 3, 2010
Patricia L. Morgan, Clerk