| THE PEOPLE V DAMIEN WARREN |
| Motion No: KA 08-01036 |
| Slip Opinion No: 2010 NY Slip Op 79991(U) |
| Decided on August 12, 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 08-01036
Indictment No: 2006-0764-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAMIEN
WARREN, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered February 23, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Douglas A. Goerss, Esq. sworn to July 22, 2010, the notice of motion with proof of service thereof, the affirmation of Michael L. D'Amico, Esq. dated August 6, 2010, and the statement of Damien Warren dated July 26, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before October 12, 2010.
Entered: August 12, 2010
Patricia L. Morgan, Clerk