| THE PEOPLE V FRANK GARCIA |
| Motion No: KA 10-00517 |
| Slip Opinion No: 2011 NY Slip Op 91823(U) |
| Decided on December 1, 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 10-00517
Indictment No: 09-01-023
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANK
GARCIA, DEFENDANT-APPELLANT. |
Appellant having moved to file and serve a pro se supplemental brief in the appendix method, on the appeal taken from a judgment of the Supreme Court, Ontario County rendered September 1, 2009,
Now upon reading and filing the affidavit of Frank Garcia sworn to October 31, 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 dismissed as premature.
Entered: December 1, 2011
Patricia L. Morgan, Clerk