| THE PEOPLE V MARCUS MENCHACA SCI No: 31696 |
| Motion No: KA 12-00129 |
| Slip Opinion No: 2012 NY Slip Op 63681(U) |
| Decided on February 7, 2012 |
| 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 12-00129
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARCUS
MENCHACA, DEFENDANT-APPELLANT. SCI No: 31696 |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered June 17, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to January 18, 2012, 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: February 7, 2012
Frances E. Cafarell, Clerk