| THE PEOPLE V ROBERT B. SPAHALSKI, ALSO KNOWN AS JOHN DOE |
| Motion No: KA 11-01918 |
| Slip Opinion No: 2011 NY Slip Op 87242(U) |
| Decided on October 18, 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 11-01918
Indictment No: 2005-0958
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROBERT B.
SPAHALSKI, ALSO KNOWN AS JOHN DOE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered December 12, 2006, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Nicole M. Fantigrossi, Esq. dated September 22, 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 denied.
Entered: October 18, 2011
Patricia L. Morgan, Clerk