| THE PEOPLE V CHEYENNE J. RUSSAW, JR. |
| Motion No: KA 12-00186 |
| Slip Opinion No: 2012 NY Slip Op 65722(U) |
| Decided on February 23, 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 12-00186
Indictment No: 11-03
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHEYENNE J.
RUSSAW, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court rendered October 17, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated January 25, 2012, 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 unnecessary.
Memorandum: Absent proof that defendant timely serve the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: February 23, 2012
Frances E. Cafarell, Clerk