| THE PEOPLE V JOSEPH WASHINGTON |
| Motion No: KA 12-00132 |
| Slip Opinion No: 2012 NY Slip Op 63695(U) |
| Decided on February 8, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-00132
Indictment No: 2009-0119D
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH
WASHINGTON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered April 13, 2010, 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, the affidavit of Nicholas T. Texido, Esq. sworn to January 30, 2012, and the affidavit of Joseph Washington sworn to January 30, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: February 8, 2012
Frances E. Cafarell, Clerk