| THE PEOPLE V EMERSON K. O'NEAL |
| Motion No: KA 11-00132 |
| Slip Opinion No: 2011 NY Slip Op 65601(U) |
| Decided on February 25, 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 11-00132
Indictment No: 2005-0494B
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EMERSON K.
O'NEAL, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered January 26, 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 January 18, 2011, the notice of motion with proof of service thereof, and the statement of Drew R. DuBrin, Esq. dated January 25, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: February 25, 2011
Patricia L. Morgan, Clerk