| THE PEOPLE V ANDRES P. GUTIERREZ |
| Motion No: KA 10-01794 |
| Slip Opinion No: 2011 NY Slip Op 91137(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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 10-01794
Indictment No: 08-306
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANDRES P.
GUTIERREZ, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court, rendered January 9, 2009,
Now, upon reading and filing the affidavit of Donald R. Gerace, Esq. sworn to November 2, 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 granted on the condition that appellant perfect the appeal on or before February 27, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 29, 2011
Patricia L. Morgan, Clerk