| THE PEOPLE V MATTHEW RESSLER Indictment No: 6084 |
| Motion No: KA 12-00612 |
| Slip Opinion No: 2012 NY Slip Op 70656(U) |
| Decided on April 17, 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 12-00612
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MATTHEW
RESSLER, DEFENDANT-APPELLANT. Indictment No: 6084 |
Respondent having moved to dismiss the appeal taken from an order of the Wyoming County Court, dated February 27, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Marshall A. Kelly, Esq. sworn to March 29, 2012, the notice of motion with proof of service thereof, the statement of David R. Morabito, Esq. dated April 5, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Because defendant has not obtained permission to appeal
the order of Wyoming County Court dated February 27, 2012 pursuant to
CPL 450.15 and 460.15, there is no appeal pending.
Entered: April 17, 2012
Frances E. Cafarell, Clerk