| THE PEOPLE V RIKKI CASON |
| Motion No: KA 11-00737 |
| Slip Opinion No: 2011 NY Slip Op 71871(U) |
| Decided on April 29, 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 11-00737
Indictment No: 2006-01151
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RIKKI
CASON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered April 25, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Hillery, Esq. sworn to April 8, 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 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 to be perfected.
Entered: April 29, 2011
Patricia L. Morgan, Clerk