THE PEOPLE V DEMARIO QUINN
Motion No: KA 11-00278
Slip Opinion No: 2011 NY Slip Op 87250(U)
Decided on October 19, 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.


October 19, 2011

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 11-00278
Indictment No: 2009-01087

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DEMARIO QUINN, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered October 6, 2010, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Ashley R. Small, Esq. sworn to October 3, 2011, the notice of motion with proof of service thereof, the affidavit of Demario Quinn sworn to October 7, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 18, 2012.

Entered: October 19, 2011

Patricia L. Morgan, Clerk