THE PEOPLE V TUTOR BUTLER
Motion No: KA 10-01912
Slip Opinion No: 2010 NY Slip Op 85587(U)
Decided on October 15, 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.


October 15, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

KA 10-01912
Indictment No: 2005-0382

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TUTOR BUTLER, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered January 23, 2006, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Nicole M. Fantigrossi, Esq. dated September 17, 2010, the notice of motion with proof of service thereof, the statement of Drew R. DuBrin, Esq. dated September 23, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 15, 2010

Patricia L. Morgan, Clerk