| THE PEOPLE V RODNEY MCBRIDE |
| Motion No: KA 11-00473 |
| Slip Opinion No: 2011 NY Slip Op 67771(U) |
| Decided on March 23, 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 11-00473
Indictment No: 2003-5423
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RODNEY
MCBRIDE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered September 14, 2004, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michelle L. Cianciosa, Esq. sworn to March 1, 2011, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: March 23, 2011
Patricia L. Morgan, Clerk