| THE PEOPLE V JONATHAN CHEEK |
| Motion No: KA 12-00541 |
| Slip Opinion No: 2012 NY Slip Op 70625(U) |
| Decided on April 16, 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 12-00541
Indictment No: 2010-0157D
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JONATHAN
CHEEK, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered November 15, 2011,
Now, upon reading and filing the affidavit of Jonathan Cheek sworn to March 15, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 28, 2012, the statement of E. Earl Key, Esq. dated April 5, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: E. Earl Keys, Esq. timely filed and served a notice of appeal on November 29, 2011.
Entered: April 16, 2012
Frances E. Cafarell, Clerk