People of State of New York v Medina
Motion No: 2011-03954
Slip Opinion No: 2011 NY Slip Op 85343(U)
Decided on September 29, 2011
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M126539

E/ct

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2011-03954

People of State of New York, plaintiff,

v Dax Medina, defendant.

DECISION & ORDER ON MOTION

Motion by the defendant for leave to file a late notice of appeal from an order of the County Court, Dutchess County, dated March 14, 2011.

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

ORDERED that the motion is denied as unnecessary (see CPLR 5513), and the moving papers are deemed to constitute a timely notice of appeal.

MASTRO, J.P., SKELOS, DICKERSON and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court