People v Frazier, Darnell
Motion No: 2004-10796
Slip Opinion No: 2011 NY Slip Op 89073(U)
Decided on November 7, 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

M128227

E/ct

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2004-10796

The People, etc., respondent,

v Darnell Frazier, appellant.

(Ind. No. 01-00948)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered December 2, 2004, for failure to timely perfect.

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 granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

MASTRO, J.P., DILLON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court