| THE PEOPLE V JOHN GOFF |
| Motion No: KA 11-00186 |
| Slip Opinion No: 2011 NY Slip Op 65633(U) |
| Decided on March 2, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-00186
Indictment No: 2005-0876
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN GOFF,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Monroe County rendered March 14, 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 24, 2011, the notice of motion with proof of service thereof, and the affirmation of D. Scott Young, Esq. dated February 18, 2011, and
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Because defendant did not timely file and serve the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: March 2, 2011
Patricia L. Morgan, Clerk