THE PEOPLE V JOHN DANIELS Indictment No: 6495
Motion No: KA 10-01585
Slip Opinion No: 2011 NY Slip Op 60249(U)
Decided on January 3, 2011
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.


January 3, 2011

PRESENT: SMITH, J.P., CENTRA, PERADOTTO, AND CARNI, JJ.

KA 10-01585

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN DANIELS, DEFENDANT-APPELLANT.

Indictment No: 6495


Appellant having moved to vacate the dismissal of the appeal taken from an order of the Niagara County Court, entered April 13, 2009,

Now, upon reading and filing the affidavit of Joseph G. Frazier, Esq. sworn to December 8, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that the appeal is perfected on or before March 4, 2011.

Entered: January 3, 2011

Patricia L. Morgan, Clerk