| THE PEOPLE V MARCUS SWAIN |
| Motion No: KA 11-00884 |
| Slip Opinion No: 2011 NY Slip Op 72518(U) |
| Decided on May 10, 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 11-00884
Indictment No: 2005-2329
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARCUS
SWAIN, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered November 15, 2006, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Shawn P. Hennessy, Esq. sworn to April 25, 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: May 10, 2011
Patricia L. Morgan, Clerk