| THE PEOPLE V JOHNNY HAWKINS |
| Motion No: KA 10-01494 |
| Slip Opinion No: 2010 NY Slip Op 79373(U) |
| Decided on August 9, 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 10-01494
Indictment No: 07-301
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHNNY
HAWKINS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered January 28, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Steven G. Cox, Esq. dated 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 dismissed as unnecessary because the appeal was not timely taken (see CPL 460.10 [1][a][b]).
Entered: August 9, 2010
Patricia L. Morgan, Clerk