THE PEOPLE V MERRITT A. RAHN, ALSO KNOWN AS JOHN DOE
Motion No: KA 10-02374 AND KA 10-02375
Slip Opinion No: 2011 NY Slip Op 91124(U)
Decided on November 28, 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.


November 28, 2011

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

KA 10-02374 AND KA 10-02375
Indictment Nos: 2009-0724 and
2009-0871

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MERRITT A. RAHN, ALSO KNOWN AS JOHN DOE,

DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from the judgments of the Supreme Court, Monroe County rendered July 6, 2010, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Geoffrey Kaeuper, Esq. dated October 18, 2011, the notice of motion with proof of service thereof, the affirmation of Jeffrey Wicks, Esq. dated November 25, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed.

Entered: November 28, 2011

Patricia L. Morgan, Clerk