THE PEOPLE V ROBIE J. DRAKE Indictment No: 7205
Motion No: KA 10-01259
Slip Opinion No: 2011 NY Slip Op 62466(U)
Decided on January 26, 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 26, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

KA 10-01259

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROBIE J. DRAKE, DEFENDANT-APPELLANT.

Indictment No: 7205


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Niagara County Court, rendered May 27, 2010,

Now, upon reading and filing the affidavit of Joseph G. Frazier, Esq. sworn to January 6, 2011, 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 appellant perfect the appeal on or before May 2, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 26, 2011

Patricia L. Morgan, Clerk