| THE PEOPLE V EXCELL J. MARKS |
| Motion No: KA 10-01242 |
| Slip Opinion No: 2011 NY Slip Op 63793(U) |
| Decided on February 7, 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. |
KA 10-01242
Indictment No: 09-92
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EXCELL J.
MARKS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered May 17, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated January 19, 2011, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is denied.
Entered: February 7, 2011
Patricia L. Morgan, Clerk