People v Lee D. Smith



People v Lee D. Smith
Motion No: -7
Slip Opinion No: 2011 NY Slip Op 84660(U)
Decided on September 20, 2011
Appellate Division, Third 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.





Decided and Entered: September 20, 2011104329-7


THE PEOPLE OF THE STATE OF NEW

YORK,

Respondent,

v
LEE D. SMITH,
(Ind. No. 2009-263)Appellant.


DECISION AND ORDER
ON MOTION


Motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted by default.
MERCURE, J.P., PETERS, ROSE, STEIN and GARRY, JJ., concur.
ENTER:


Robert D. Mayberger
Clerk of the Court