| THE PEOPLE V CORNELIUS CROSS |
| Motion No: KA 11-02258 |
| Slip Opinion No: 2011 NY Slip Op 91134(U) |
| Decided on November 29, 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. |
KA 11-02258
Indictment No: 2004-0363
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CORNELIUS
CROSS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered July 6, 2009, 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 November 10, 2011, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: November 29, 2011
Patricia L. Morgan, Clerk